The Criminal Defence Service (General) (No. 2) (Amendment No. 2) Regulations 2003

Statutory Instruments

2003 No. 2378

LEGAL SERVICES COMMISSION, ENGLAND AND WALES

The Criminal Defence Service (General) (No. 2) (Amendment No. 2) Regulations 2003

Made

11th September 2003

Laid before Parliament

15th September 2003

Coming into force

6th October 2003

The Secretary of State, in exercise of the powers conferred upon the Lord Chancellor by section 13 of the Access to Justice Act 1999(1) and now vested in him(2), makes the following Regulations:

1.—(1) These Regulations may be cited as the Criminal Defence Service (General) (No. 2) (Amendment No. 2) Regulations 2003 and shall come into force on 6th October 2003.

(2) In these Regulations, a regulation referred to by number alone means the regulation so numbered in the Criminal Defence Service (General) (No. 2) Regulations 2001(3).

2.—(1) In regulation 5(8)—

(a) in paragraph (c), delete “and”;

(b) in paragraph (d) for “£14,213.” substitute “£14,213; and”; and

(c) after paragraph (d) insert—

“(e) guarantee state pension credit under section 1(3)(a) of the State Pension Credit Act 2002(4)”.

(2) In regulation 5(9), for “or income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or guarantee state pension credit”.

Signed by authority of the Secretary of State

David Lammy

Parliamentary Under Secretary of State,

Department for Constitutional Affairs

Dated 11th September 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations extend the definition of qualifying benefits in the Criminal Defence Service (General) (No. 2) Regulations 2001 (S.I. 2001/1437), receipt of which entitle a person to advice and assistance under the Criminal Defence Service without further regard to their disposable income, so as to include guarantee state pension credit under section 1(3)(a) of the State Pension Credit Act 2002.

(1)

1999 c. 22; amended by the Criminal Defence Service (Advice and Assistance) Act 2001 (c. 4), section 1. “Prescribed” is defined in section 26 of the Access to Justice Act 1999.

(2)

By virtue of the Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), articles 4(1) and 9, Schedule 1 and Schedule 2 paragraph 11(1)(a).

(3)

S.I. 2001/1437; amended by S.I. 2003/644.

(4)

2002 c. 16.