2007 No. 777

legal services commission, england and wales

The Criminal Defence Service (Financial Eligibility) (Amendment) Regulations 2007

Made

Laid before Parliament

Coming into force

The Lord Chancellor makes the following Regulations in exercise of the powers conferred by paragraph 3B(1) of Schedule 3 to the Access to Justice Act 19991.

Citation, commencement, transitional provisions and interpretation1

1

These Regulations may be cited as the Criminal Defence Service (Financial Eligibility) (Amendment) Regulations 2007 and come into force on 2nd April 2007.

2

An application for a representation order which is made before 2nd April 2007 is to be dealt with as if these Regulations had not been made.

3

In these Regulations—

a

a reference to a regulation by number is a reference to the regulation so numbered in the Criminal Defence Service (Financial Eligibility) Regulations 20062;

b

a reference to the Schedule is a reference to the Schedule to those Regulations.

Amendments to the Criminal Defence Service (Financial Eligibility) Regulations 2006

2

In regulation 9—

a

in paragraph (2), for “£11,590” substitute “£12,007”;

b

in paragraph (3), for “£20,740” substitute “£21,487”.

3

In regulation 10—

a

in paragraph (1), for “more than £11,590 and less than £20,740” substitute “more than £12,007 and less than £21,487”;

b

in paragraph (2)(g)(i), for “£5,304” substitute “£5,463”;

c

in paragraph (3), for “£3,156” substitute “£3,270”.

4

In the Schedule, for “£5,304” substitute “£5,463”.

Signed by authority of the Lord Chancellor

Vera BairdParliamentary Under Secretary of StateDepartment for Constitutional Affairs
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Criminal Defence Service (Financial Eligibility) Regulations 2006 (S.I. 2006/2492), which set out the criteria relating to financial eligibility which must be satisfied before individuals involved in criminal proceedings in a magistrates’ court may receive publicly funded representation. The Regulations increase the financial eligibility limits and cost of living allowance for applications for representation orders made on or after 2nd April 2007.

A regulatory impact assessment has not been prepared for this instrument as it has no impact on businesses, charities or voluntary bodies.