The Legal Advice and Assistance (Amendment) (No. 2) Regulations 1994

• Citation: S.I. 1994/1823
• Sections: 8

Section 1 Citation and commencement

These Regulations may be cited as the Legal Advice and Assistance (Amendment) (No. 2) Regulations 1994 and shall come into force on 1st August 1994.

Section 2 Interpretation

In these Regulations a regulation referred to by number alone means a regulation so numbered in the Legal Advice and Assistance Regulations 1989 .

Section 3 Amendment of the Legal Advice and Assistance Regulations 1989

In the Arrangement of Regulations, after the reference to regulation 3 there shall be inserted the following:—

(3A) Exercise of Area Directors functions by franchisee.

Section 4 Amendment of the Legal Advice and Assistance Regulations 1989

Regulation 3 (Interpretation) shall be amended by inserting—

(a) after the definition of “client” the following definition:—

“contract” means a contract entered into by the Board with other persons or bodies pursuant to its powers under section 4 of the Act;

(b) after the definition of “family credit” the following definition:—

“franchisee” means a person or body (other than the Board) acting under the terms of a franchising contract;

Section 5 Amendment of the Legal Advice and Assistance Regulations 1989

After regulation 3 there shall be inserted the following regulation:—

Exercise of Area Directors functions by franchisee

(3A) Where and to the extent that a franchising contract so provides, any functions of an Area Director are conferred on a franchisee, the functions may be exercised by the franchisee on the Area Directors behalf.

Section 6 Amendment of the Legal Advice and Assistance Regulations 1989

Regulation 9 shall be amended by inserting—

(a) in paragraph (3) after “Subject to” the words “paragraph (3A) and”;

(b) after paragraph (3) the following paragraph:—

(3A) Where a franchising contract so provides and subject to compliance with any provisions specified in the contract, an application for advice and assistance may be made by telephone or by post.

Section 7 Amendment of the Legal Advice and Assistance Regulations 1989

Regulation 30 shall be amended—

(a) by substituting in paragraph (1) for “and (3)” the words “, (3) and (4)”;

(b) by inserting after paragraph (3) the following paragraph:—

(4) Where advice and assistance is provided under a franchising contract, regulations 29 and 30 shall apply except to the extent that the contract makes different express provision.

Section 8 Amendment of the Legal Advice and Assistance Regulations 1989

Regulation 30A shall be amended by inserting after paragraph (1) the following:—

(1A) Where ABWOR is provided under a franchising contract, the franchisee may apply to the Area Director for the payment of a sum on account of his charges and fees.

(1B) Where advice and assistance (other than ABWOR)

is provided under a franchising contract, the franchisee may apply to the Area Director for the payment of a sum on account of his costs.