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The Criminal Legal Aid (Coronavirus, Remuneration) (Amendment) Regulations 2020
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Statutory Instruments
2020 No. 472
Legal Aid And Advice, England And Wales
The Criminal Legal Aid (Coronavirus, Remuneration) (Amendment) Regulations 2020
Made
28th April 2020
Laid before Parliament
30th April 2020
Coming into force
1st May 2020
The Lord Chancellor makes these Regulations in exercise of the powers conferred by sections 2(3), 41(1) and (3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012(1).
Citation and commencement
1. These Regulations may be cited as the Criminal Legal Aid (Coronavirus, Remuneration) (Amendment) Regulations 2020 and come into force on 1st May 2020.
Amendment of the Criminal Legal Aid (Remuneration) Regulations 2013
2.—(1) The Criminal Legal Aid (Remuneration) Regulations 2013(2) are amended as follows.
(2) In regulation 21 (hardship payments)—
(a)in paragraph (2)(b), for “six months” substitute “one month”; and
(b)in paragraph (6), for “£5,000” substitute “£450”.
Transitional provision
3. The amendments made by these Regulations apply only in respect of applications for a hardship payment made on or after the day on which these Regulations come into force.
Alex Chalk
Parliamentary Under Secretary of State
Ministry of Justice
28th April 2020
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amends regulation 21 of the Criminal Legal Aid (Remuneration) Regulations 2013 (S.I. 2013/435) (the “Remuneration Regulations”).
The Remuneration Regulations provide for the remuneration of litigators and advocates in respect of advice, assistance and representation made available under sections 13, 15 and 16 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10). In particular, regulation 21 of the Remuneration Regulations provides the circumstances under which litigators and advocates may be paid hardship payments.
Regulation 2 reduces the time period which must pass before a litigator or advocate may apply for a hardship payment from six months after instruction to one month after instruction, and reduces the minimum value at which a hardship payment may be paid from £5,000 to £450.
Regulation 3 provides that these Regulations will apply only to applications for a hardship payment made on, or after, the day on which these Regulations come into force.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.
(1)
(2)
S.I. 2013/435, to which there are amendments not relevant to these Regulations.
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