Article 4
1. In this Schedule “the 1997 Act” means the Justices of the Peace Act 1997(1).
2. Section 53A of the 1997 Act(2) shall not apply to proceedings commenced before 1st April 2001 in respect of any act or omission of a justice of the peace or justices' clerk in the execution (or purported execution) of his duty—
(a)as such a justice, or
(b)as such a clerk exercising, by virtue of any statutory provision, any of the functions of a single justice.
3.—(1) Notwithstanding the commencement of paragraphs 15 to 17 of Schedule 12 to the Act, and the repeal of part of section 55 of the 1997 Act by Part V(6) of Schedule 15 to the Act, section 57 of the 1997 Act(3) shall continue to have effect as if—
(a)the outer London boroughs and the Common Council of the City of London were responsible authorities for the purposes of payment to them of grants towards the sums specified in sub-paragraph (2); and
(b)the sums specified in sub-paragraph (2) were payable for the purposes of functions under Part VI of the 1997 Act.
(2) The sums referred to in sub-paragraph (1) are sums payable by the outer London boroughs and the Common Council of the City of London in relation to loan debt contracted to support capital expenditure incurred before 1st April 1990 for the purposes of functions under Part VI of the 1997 Act.
4. The repeal of section 15(1)(a)(ii) of the Superannuation (Miscellaneous Provisions) Act 1967(4) (“the 1967 Act”) by Part V(6) of Schedule 15 to the Act shall not affect the application of section 15 of the 1967 Act in relation to any person who ceased to be a member of the metropolitan civil staffs for the purposes of section 15 of the 1967 Act before the repeal of section 15(1)(a)(ii) of that Act.
5. Notwithstanding the repeal of section 60(4) of the 1997 Act by Part V(7) of Schedule 15 to the Act, the Justices' Clerks (Accounts) Regulations 1973(5) shall continue to have effect in respect of all sums received or paid by, or owed to, a justices' clerk.
6. Section 2A of the Taxes Management Act 1970(6) shall not apply to proceedings commenced in England and Wales or in Northern Ireland before 1st April 2001 in respect of any act or omission of a General Commissioner of income tax in the execution (or purported execution) of his duty.
7. Article 6A of the Magistrates' Courts (Northern Ireland) Order 1981(7) shall not apply to proceedings commenced before 1st April 2001 in respect of any act or omission of a resident magistrate, justice of the peace or clerk of petty sessions in the execution (or purported execution) of his duty—
(a)as such a magistrate or justice, or
(b)as such a clerk exercising, by virtue of any statutory provision, any of the functions of a magistrates' court.
Article 4
1. In this Schedule:
“the 1988 Act” means the Legal Aid Act 1988(8);
“authorised” means authorised under regulation 15 of the Legal Advice and Assistance Regulations 1989(9) (clients resident abroad);
“the Commission” means the Legal Services Commission established under section 1 of the Act;
“funded services” means services funded by the Commission under sections 4 to 11 of the Act as part of the Community Legal Service;
“solicitor” includes a firm of solicitors.
2. Nothing in the provisions commenced by this Order or in the transitional provisions of this Order shall have effect:
(a)for the purposes of the application to funded services, by virtue of the Community Legal Service (Funding) Order 2000(10), of the following regulations made under the 1988 Act:
(i)the Civil Legal Aid (General) Regulations 1989(11);
(ii)the Legal Advice and Assistance Regulation 1989;
(iii)the Legal Aid in Family Proceedings (Remuneration) Regulations 1991(12); or
(iv)the Legal Aid in Civil Proceedings (Remuneration) Regulations 1994(13);
(b)subject to paragraph 4 of this Schedule, and to the provisions of any contract, in relation to any work carried out under a legal aid order or legal aid certificate dated prior to 2nd April 2001;
(c)in relation to assistance by way of representation under Part III of the 1988 Act:
(i)where the application is signed prior to 2nd April 2001 and received by the Commission prior to 10th April 2001; or
(ii)which is granted by a solicitor prior to 2nd April 2001 and notified to the Commission prior to 10th April 2001;
(d)in relation to advice and assistance under Part III of the 1988 Act (other than assistance by way of representation) where the application is signed or is authorised prior to 2nd April 2001;
(e)for the purposes of assessment for payment, where both a legal aid order under the 1988 Act and a representation order under the Act exist, in proceedings which form part of a single case in that they relate to one or more charges or informations which are preferred or laid at the same time, or which are founded on the same facts, or which form or are part of a series of offences;
(f)in relation to any work carried out before 2nd April 2001 and paid for by the Lord Chancellor other than under the terms of any contract; or
(g)for the application of paragraphs 10(3)(b), 33, 34 and 36 of Schedule 4 to the Act to work carried out under the provisions of the 1988 Act.
3. Notwithstanding the provisions of article 1(2)(a) of the Access to Justice Act 1999 (Commencement No. 3, Transitional Provisions and Savings) Order 2000(14) the Commission shall fund applications for judicial review or habeas corpus relating to criminal investigations or proceedings as part of the Community Legal Service.
4.—(1) Subject to the provisions of any contract, any claim for payment for work carried out under the provisions of the 1988 Act shall be submitted so as to be received by the Commission no later than five months after the completion of the work for which payment is claimed.
(2) Subject to sub-paragraph (3), the Commission may refuse any claim for payment mentioned in sub-paragraph (1) which is received late without good reason.
(3) No claim for payment shall be refused unless the solicitor has been given a reasonable opportunity to show why it should not be refused.
5. Where an application for a legal aid order under the 1988 Act is considered on or after 2nd April 2001, it shall be treated as an application for a representation order under section 14 of the Act.
Section 53A is inserted by section 98(1) of the Access to Justice Act 1999.
Section 57 was amended by section 10 of the Local Government (Contracts) Act 1997 (c. 65).
1967 c. 28. Section 15 has been amended, and part has been repealed, by the Superannuation Act 1972 (c. 11), section 14 and Schedule 8. Further amendments have been made by S.I. 1974/520; the Police and Magistrates' Courts Act 1994 (c. 29), Schedule 8, Part II, paragraph 25; and the Greater London Authority Act 1999 (c. 29), Schedule 27, paragraph 20.
S.I. 1973/579, as amended by S.I. 1992/709.
1970 c. 9. Section 2A is inserted by section 102 of the Access to Justice Act 1999.
S.I. 1981/1675 (N.I. 26). Article 6A is inserted by section 98(2) of the Access to Justice Act 1999.
1988 c. 34. This Act is repealed by Part I of Schedule 15 to the Access to Justice Act 1999, subject to immaterial exceptions, and to transitional provisions and savings contained in S.I. 2000/774 and in this Order.
S.I. 1989/340. These Regulations were amended by S.I. 2001/829. Together with S.I. 1989/339, 1991/2038 and 1994/228, they are revoked by virtue of the repeal of the enabling provisions in the Legal Aid Act 1988.
S.I. 2000/627, as amended by S.I. 2000/1541 and 2001/831.
S.I. 1989/339. These Regulations were most recently amended by S.I. 2000/451 and 2001/617.
S.I. 1991/2038, as amended by S.I. 2001/830.