SCHEDULEConsequential amendments to secondary legislation
PART 1
Amendment of the Costs in Criminal Cases (General) Regulations 19861
1
In this paragraph “the 1986 Regulations” means the Costs in Criminal Cases (General) Regulations 198628.
2
In the definition of “interested party” in each of regulations 3A (applications and definitions in relation to wasted costs orders) and 3E (applications and definitions in relation to third party costs orders) of the 1986 Regulations—
a
after “as part of the Criminal Defence Service” insert “, or provided for him under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,”; and
b
after “work done under the representation order” insert “, or under the determination for representation for the purposes of criminal proceedings,”,
3
In each of regulations 3D (recovery of sums due under a wasted costs order) and 3I (recovery of sums due under a third party costs order) of the 1986 Regulations, after “as part of the Criminal Defence Services) insert “, or provided for him under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,”.
4
In regulation 6(3)(d) of the 1986 Regulations (claims for costs), after “as part of the Criminal Defence Service” insert “, or provided for him under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,”.
5
In regulation 26 of the 1986 Regulations (directions by the Lord Chancellor) after each occurrence of “as part of the Criminal Defence Service” insert “, or by the Lord Chancellor under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
Amendment of the Civil Procedure Rules 19982
In the Civil Procedure Rules 199829—
a
in paragraph (1) of rule 46.9 (basis of detailed assessment of solicitor and client costs), after “the Access to Justice Act 1999” insert “or by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”;
b
after paragraph (4) of rule 47.8 (sanction for delay in commencing detailed assessment proceedings) insert—
5
Where the costs to be assessed in a detailed assessment are payable by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, this rule applies as if the receiving party were the solicitor to whom the costs are payable and the paying party were the Lord Chancellor.
c
in the heading to Section VI of Part 47 (detailed assessment procedure for costs of a LSC funded client or an assisted person where costs are payable out of the Community Legal Service Fund)—
i
for “or an Assisted Person” substitute “, an Assisted Person or Person to Whom Legal Aid is Made Available”; and
ii
after “Community Legal Service Fund” insert “or by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”;
d
in the heading to rule 47.18 (detailed assessment procedure where costs are payable out of the Community Legal Services Fund) after “Community Legal Services Fund” insert “or by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”;
e
in paragraph (1) of rule 47.18—
i
for “or an assisted person” substitute “, an assisted person or a person to whom legal aid is provided”; and
ii
after “Community Legal Services Fund” insert “or by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”; and
f
in paragraph (3) of rule 47.18 for “or the assisted person” substitute “, the assisted person or the person to whom legal aid is provided”.
Amendment of European Communities (Lawyer’s Practice) Regulations 20003
In Part 1 of Schedule 3 to the European Communities (Lawyer’s Practice) Regulations 200030 (enactments relating to the provision of legal advice and assistance and legal aid) at the end of the list of enactments insert “Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
Amendment of the Civil Legal Aid (Scotland) Regulations 20024
In regulation 44(2) of the Civil Legal Aid (Scotland) Regulations 200231, for “the Legal Services Commission” substitute “the Director of Legal Aid Casework (within the meaning of section 4 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012)”.
Amendment of Land Registration Rules 20035
1
In rule 93(w) of the Land Registration Rules 200332 (persons regarded as having sufficient interest to apply for a restriction)—
a
for “the Legal Services Commission where it” substitute “the Lord Chancellor where the Lord Chancellor”; and
b
after “section 10(7) of the Access to Justice Act 1999” insert “or by section 25(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
2
In Schedule 4 to the Land Registration Rules 2003 (standard forms of restriction)—
a
in the title of Form JJ, for “Legal Services Commission” substitute “the Lord Chancellor”; and
b
for “written notice of the disposition was given to the Legal Services Commission, Land Charge Department, at [address and Commission’s reference number]” substitute “written notice of the disposition was given to the Lord Chancellor at [address and Lord Chancellor’s reference number]”.
Amendment of the Serious Crime Act 2007 (Appeals under Section 24) Order 20086
In the Serious Crime Act 2007 (Appeals under Section 24) Order 200833—
a
in the definition of “interested party” in article 13(1) (interpretation and transitional provision) after “the Legal Services Commission” insert “or made available for that person under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”;
b
in article 13(3) after “the Legal Services Commission” insert “or made available for that person under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”;
c
in article 17(6) (wasted costs order) after “the Legal Services Commission” insert “or made available for that person under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”; and
d
in article 31 (recovery of sums due under a third party costs order) after “the Legal Services Commission” insert “or made available for that person under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
Amendment of the Civil Proceedings Fees Order 20087
In the Civil Proceedings Fees Order 200834—
a
in paragraph 5.1 of column 1 in the table in Schedule 1 (determination of costs (senior court and county court)) for “or is funded by the LSC” insert “, is funded by the LSC or is a person for whom civil legal services have been made available under arrangements made by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”;
b
for the entry below paragraph 5.2(h) of column 1 in the table in Schedule 1 substitute—
Where there is a combined party and party and legal aid, or a combined party and party and LSC, or a combined party and party and Lord Chancellor, or a combined party and party and one or more of legal aid, LSC or Lord Chancellor determination of costs, fee 5.2 will be attributed proportionately to the party and party, legal aid, LSC or Lord Chancellor (as the case may be) portions of the bill on the basis of the amount allowed.
c
in paragraph 5.5 of column 1 in the table in Schedule 1, after “the Community Legal Service Fund” insert “or by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”; and
d
in the entry below paragraph 5.5 of column 1 in the table in Schedule 1, after “Community Legal Service Fund” insert “or against the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
Amendment of the Family Proceedings Fees Order 20088
In the Family Proceedings Fees Order 200835—
a
in paragraph 8.1 of column 1 in the table in Schedule 1 (determination of costs) for “or is funded by the LSC” insert “, is funded by the LSC or is a person for whom civil legal services have been made available under arrangements made by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”;
b
for the entry below paragraph 8.2 of column 1 in the table in Schedule 1, substitute—
Where there is a combined standard basis and legal aid, or a combined standard basis and LSC, or a combined standard basis and Lord Chancellor, or a combined standard basis, and one or more of legal aid, LSC or Lord Chancellor determination of costs, fee 8.2 will be attributed proportionately to the standard basis, legal aid, LSC or Lord Chancellor (as the case may be) portions of the bill on the basis of the amount allowed.
c
in paragraph 8.5 of column 1 in the table in Schedule 1, after “the Community Legal Service Fund” insert “or by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”; and
d
in the entry below paragraph 8.5 of column 1 in the table in Schedule 1, after “Community Legal Service Fund” insert “or against the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
Amendment of the Court Funds Rules 20119
In rule 28 of the Court Funds Rules 201136 (payment where the claimant’s legal representation has been funded by the Legal Services Commission)—
a
in the heading, after “funded by the Legal Services Commission” insert “or provided under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”;
b
in paragraph (1)(b), after “funded by the Legal Services Commission” insert “or provided under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”; and
c
in paragraph (1)(c), after “regulation 18(1) of the Community Legal Service (Costs) Regulations 200037” insert “or regulation 13(1) of the Civil Legal Aid (Statutory Charge) Regulations 2013”.
Amendment of the Equality Act 2010 (Specific Duties) Regulations 201110
In Schedule 1 to the Equality Act 2010 (Specific Duties) Regulations 201138 (public authorities required to publish information by 31st January 2012 and subsequently at intervals of not greater than one year) omit “The Legal Services Commission”.
Amendment of the Legal Services Act (Designation as a Licensing Authority) (No. 2) Order 201111
In article 6 of the Legal Services Act (Designation as a Licensing Authority) (No. 2) Order 201139 (powers of Solicitors Disciplinary Tribunal in respect of legal aid complaints) after “representation funded by the Legal Services Commission as part of the Criminal Defence Service” insert “or from providing criminal legal aid work (within the meaning of section 47(3C) of the 1974 Act)”.
Amendment of asset-freezing and financial sanctions subordinate legislation12
1
In paragraph 5(1)(d) of the Schedule (general power to disclose information) to each enactment referred to in paragraph (2), omit “the Legal Services Commission,”.
2
The enactments referred to in paragraph (1) are—
a
the Afghanistan (Asset-Freezing) Regulations 201140;
b
the Belarus (Asset-Freezing) Regulations 201341;
c
the Democratic People’s Republic of Korea (Asset-Freezing) Regulations 201142;
d
the Democratic Republic of the Congo (Asset-Freezing) Regulations 201243;
e
the Egypt (Asset-Freezing) Regulations 201144;
f
the Eritrea (Asset-Freezing) Regulations 201245;
g
the Guinea-Bissau (Asset-Freezing) Regulations 201246;
h
the Iran (Asset-Freezing) Regulations 201147;
i
the Ivory Coast (Asset-Freezing) Regulations 201148;
j
the Lebanon and Syria (Asset-Freezing) Regulations 201249;
k
the Liberia (Asset-Freezing) Regulations 201250;
l
the Libya (Asset-Freezing) Regulations 201151;
m
the Libya (Financial Sanctions) Order 201152;
n
the Republic of Guinea (Asset-Freezing) Regulations 201253;
o
the Somalia (Asset-Freezing) Regulations 201054;
p
the Sudan (Asset-Freezing) Regulations 201255;
q
the Syria (European Union Financial Sanctions) Regulations 201256; and
r
the Tunisia (Asset-Freezing) Regulations 201157.
3
In paragraph 5(1)(d) of Schedule 1 to the Iraq (Asset-Freezing) Regulations 201258 (general power to disclose information) omit “the Legal Services Commission,”.
4
In the modifications made to the extension of Part 1 of the Terrorist Asset Freezing etc. Act 201059 (“the 2010 Act”) by Schedule 2 to the Terrorist Asset-Freezing etc. Act 2010 (Overseas Territories) Order 201160 (“the 2011 Order”) to the Territories specified in Schedule 1 to the 2011 Order, the substitution of section 23(1)(d) of the 2010 Act by paragraph 10 of Schedule 2 to the 2011 Order shall take effect as if the reference to the Legal Services Commission were omitted.
5
In paragraph 5(1)(d) of the Schedule to the Iran (European Union Financial Sanctions) Regulations 201261 (general power to disclose information), omit “the Legal Services Commission,”.
PART 2
Amendment of the Civil Procedure Rules 199813
In the Civil Procedure Rules 199862—
a
in rule 42.2 (change of solicitor – duty to give notice) of the Civil Procedure Rules 1998—
i
for paragraph (6)(a) substitute—
6
Where the certificate of a person to whom legal aid is provided is revoked or withdrawn—
a
the solicitor who acted for that person will cease to be a solicitor acting in the case as soon as the solicitor’s retainer is determined under regulation 24 or 41 of the Civil Legal Aid (Procedure) Regulations 201263; and
ii
for paragraph (7) substitute—
7
“Certificate” in paragraph (6) means a certificate issued under the Civil Legal Aid (Procedure) Regulations 2012.
b
in paragraph (1)(d) of rule 74.13 (evidence in support) for “an assisted person or an LSC funded client, as defined in rule 43.2(1)(h) and (i)” substitute “a person to whom legal aid, as defined in rule 44.1, was provided”.
Amendment of the Non-Contentious Probate Fees Order 200414
In Schedule 1A to the Non-Contentious Probate Fees Order 200464—
a
in paragraph 1(1)—
i
ii
in the definition of “the Independent Living Funds”, for “has the meaning given in the Criminal Defence Service (Financial Eligibility) Regulations 2006” substitute “means any payment made from the funds listed at regulation 20(2)(b) of the Criminal Legal Aid (Financial Resources) Regulations 2013”;
iii
omit the definition of “the Funding Code”; and
iv
omit the definition of “LSC”; and
b
in paragraph 1(2), for “who is in receipt of funding provided by the LSC for the purposes of the proceedings for which a certificate has been issued under the Funding Code” substitute “for whom civil legal services, for which a certificate has been issued under the Civil Legal Aid (Procedure) Regulations 2012, have been made available under arrangements made for the purposes of Part 1 of that Act for the purposes of the proceedings”.
Amendment of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 200515
In the Proceeds of Crime Act 2002 (External Requests and Orders) Order 200567—
a
in article 149(6)(b) (property freezing orders: exclusions) for “funded by the Legal Services Commission or” substitute “made available under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 or be funded by”; and
b
in article 157(5)(b) (interim receiving orders: restrictions on dealing etc with property) for “funded by the Legal Services Commission or” substitute “made available under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 or be funded by”.
Amendment of the Fines Collection Regulations 200616
In the modification of rule 15 (consolidated attachment orders) of the Magistrates’ Courts (Attachment of Earnings) Rules 197168 made by regulation 30(g)(viii) of the Fines Collection Regulations 200669, for “under section 17(2) of the Access to Justice Act 1999 (recovery of criminal defence costs in publicly funded cases)” substitute “under the Criminal Legal Aid (Recovery of Defence Costs) Regulations 201370”.
Amendment of the Court of Protection Rules 200717
In the Court of Protection Rules 200771—
a
in rule 6 (interpretation) for the definition of “LSC funded client” substitute—
“legally aided person” means a person to whom civil legal services (within the meaning of the Legal Aid, Sentencing and Punishment of Offenders Act 2012) have been made available under arrangements made for the purposes of Part 1 of that Act);
b
for the heading to rule 151 (LSC funded clients) substitute “Legally aided persons”;
c
in paragraph (1) of rule 151, for “who is an LSC funded client is revoked or discharged” substitute “who is a legally aided person is revoked or withdrawn”;
d
in paragraph (1)(a) of rule 151, for “under regulation 4 of the Community Legal Services (Costs) Regulations 2000” substitute “under regulation 24 or 41 of the Civil Legal Aid (Procedure) Regulations 2012”; and
e
for paragraph (2) of rule 151 substitute—
2
In this rule, “certificate” means a certificate issued under the Civil Legal Aid (Procedure) Regulations 2012.
Amendment of the Civil Proceedings Fees Order 200818
In Schedule 2 to the Civil Proceedings Fees Order 2008—
a
in paragraph 1(1)—
i
in the definition of “child care costs”, for “the Criminal Defence Service (Financial Eligibility) Regulations 2006” substitute “Part 3 of the Criminal Legal Aid (Financial Resources) Regulations 2013”;
ii
in the definition of “the Independent Living Funds”, for “has the meaning given in the Criminal Defence Service (Financial Eligibility) Regulations 2006” substitute “means any payment made from the funds listed at regulation 20(2)(b) of the Criminal Legal Aid (Financial Resources) Regulations 2013”; and
iii
omit the definition of “the Funding Code”; and
b
in paragraph 1(2)(a), for “who is in receipt of funding provided by the LSC for the purposes of the proceedings for which a certificate has been issue under the Funding Code” substitute “for whom civil legal services, for which a certificate has been issued under the Civil Legal Aid (Procedure) Regulations 2012, have been made available under arrangements made for the purposes of Part 1 of that Act for the purposes of the proceedings”.
Amendment of the Family Proceedings Fees Order 200819
In Schedule 2 to the Family Proceedings Fees Order 2008—
a
in paragraph 1(1)—
i
in the definition of “child care costs”, for “the Criminal Defence Service (Financial Eligibility) Regulations 2006” substitute “Part 3 of the Criminal Legal Aid (Financial Resources) Regulations 2013”;
ii
in the definition of “the Independent Living Funds”, for “has the meaning given in the Criminal Defence Service (Financial Eligibility) Regulations 2006” substitute “means any payment made from the funds listed at regulation 20(2)(b) of the Criminal Legal Aid (Financial Resources) Regulations 2013”; and
iii
omit the definition of “the Funding Code”; and
b
in paragraph 1(2)(a), for “who is in receipt of funding provided by the LSC for the purposes of the proceedings for which a certificate has been issue under the Funding Code” substitute “for whom civil legal services, for which a certificate has been issued under the Civil Legal Aid (Procedure) Regulations 2012, have been made available under arrangements made for the purposes of Part 1 of that Act for the purposes of the proceedings”.
Amendment of the Magistrates’ Courts Fees Order 200820
In Schedule 2 to the Magistrates’ Courts Fees Order 200872—
a
in paragraph 1(1)—
i
in the definition of “child care costs”, for “the Criminal Defence Service (Financial Eligibility) Regulations 2006” substitute “Part 3 of the Criminal Legal Aid (Financial Resources) Regulations 2013”;
ii
in the definition of “the Independent Living Funds”, for “has the meaning given in the Criminal Defence Service (Financial Eligibility) Regulations 2006” substitute “means any payment made from the funds listed at regulation 20(2)(b) of the Criminal Legal Aid (Financial Resources) Regulations 2013”;
iii
omit the definition of “the Funding Code”;
iv
omit the definition of “LSC”; and
b
in paragraph 1(2)(a), for “who is in receipt of funding provided by the LSC for the purposes of the proceedings for which a certificate has been issue under the Funding Code” substitute “for whom civil legal services, for which a certificate has been issued under the Civil Legal Aid (Procedure) Regulations 2012, have been made available under arrangements made for the purposes of Part 1 of that Act for the purposes of the proceedings”.
Amendment of the Supreme Court Fees Order 200921
For paragraph 1(2)(a) of Schedule 2 to the Supreme Court Fees Order 200973 (remissions and part remissions: interpretation) substitute—
a
for whom civil legal services, for which a certificate has been issued under the Civil Legal Aid (Procedure) Regulations 2012, have been made available under arrangements made for the purposes of Part 1 of that Act for the purposes of the proceedings;
Amendment of the Family Procedure Rules 201022
In the Family Procedure Rules 201074—
a
in paragraph (1)(a)(vi) of rule 12.73 (communication of information: general) for “the Legal Services Commission” substitute “the Director of Legal Aid Casework (within the meaning of section 4 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012)”;
b
in paragraph (c)(vi) of rule 14.14(c) (communication of information relating to proceedings) for “the Legal Services Commission” substitute “the Director of Legal Aid Casework (within the meaning of section 4 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012)”; and
c
in rule 26.2 (change of solicitor – duty to give notice)—
i
in paragraph (6), for “LSC funded client or an assisted person” substitute “legally aided person”;
ii
in paragraph (6); for “is revoked or discharged” substitute “is revoked or withdrawn”;
iii
in paragraph (6)(a), for “regulation 4 of the Community Legal Service (Costs) Regulations 2000” substitute “regulation 24 or 41 of the Civil Legal Aid (Procedure) Regulations 2012”;
iv
in the definition of “certificate” in paragraph (7) for “under the Funding Code (approved under section 9 of the Access to Justice Act 1999)” substitute “under the Civil Legal Aid (Procedure) Regulations 2012”; and
v
omit the definition of “assisted person” and “LSC funded client” in paragraph (7) and insert—
“legally aided person” means a person to whom civil legal services (within the meaning of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012) have been made available under arrangements made for the purposes of that Part of that Act).
Amendment of the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 201123
For article 5(3)(a) of the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 201175 (exemption from fees) substitute—
a
civil legal services (within the meaning of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012) made available under arrangements made for the purposes of that Part of that Act;
Amendment of the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 201124
In Schedule 2 to the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 201176—
a
in paragraph 1(1)—
i
in the definition of “child care costs”, for “the Criminal Defence Service (Financial Eligibility) Regulations 2006” substitute “Part 3 of the Criminal Legal Aid (Financial Resources) Regulations 2013”;
ii
in the definition of “the Independent Living Funds”, for “has the meaning given in the Criminal Defence Service (Financial Eligibility) Regulations 2006” substitute “means any payment made from the funds listed at regulation 20(2)(b) of the Criminal Legal Aid (Financial Resources) Regulations 2013”; and
iii
omit the definition of “the Funding Code”; and
b
in paragraph 1(2), for “who is in receipt of funding provided by the LSC for the purposes of the proceedings for which a certificate has been issued under the Funding Code” substitute “for whom civil legal services, for which a certificate has been issued under the Civil Legal Aid (Procedure) Regulations 2012, have been made available under arrangements made for the purposes of Part 1 of that Act for the purposes of the proceedings”.
Amendment of the Magistrates’ Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 201125
In paragraph 11(1)(d) of Schedule 4 to the Magistrates’ Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 201177 (confidentiality of documents) for “the Legal Services Commission” substitute “the Director of Legal Aid Casework (within the meaning of section 4 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012)”.