2001 No. 191
LEGAL AID AND ADVICE, ENGLAND AND WALES

The Legal Advice and Assistance (Amendment) Regulations 2001

Made
Laid before Parliament
Coming into Force
The Lord Chancellor, in exercise of the powers conferred upon him by sections 9, 34 and 43 of the Legal Aid Act 19881, and with the consent of the Treasury, makes the following Regulations:

Citation, commencement and interpretation

1.

(1)

These Regulations may be cited as the Legal Advice and Assistance (Amendment) Regulations 2001 and shall come into force on 19th February 2001.

(2)

In these Regulations a reference to a regulation by number alone means the regulation so numbered in the Legal Advice and Assistance Regulations 19892.

Amendments to Legal Advice and Assitance Regulations 1989

2.

In regulations 5 and 9(2)(b), after “regulation 7(1)(c)” there shall be inserted “or 9(e)”3.

3.

In regulation 22(2), for “7(1)(c), or 8” there shall be substituted “7(1)(c), 8 or 9(e)”.

Irvine of Lairg, C

We consent

David Jamieson
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
(This note is not part of the Regulations)

These regulations are consequential on the Legal Advice and Assitance (Scope) Regulations 2001 (S.I. 2001/ ), which make assistance by way of representation (ABWOR) available to a person in respect of whom an application is made for a warrant of further detention, or an extension of such a warrant, under Schedule 8 to the Terrorism Act 2000. They amend the Legal Advice and Assistance Regulations 1989 (S.I. 1989/340) so that, in relation to such cases:

(a)

the normal provisions relating to applications for advice and assitance do not apply;

(b)

ABWOR is available without regard to the applicant’s financial resources; and

(c)

ABWOR does not require the approval of the Legal Services Commission.