The Legal Aid in Family Proceedings (Remuneration) (Amendment) Regulations 1994

• Citation: S.I. 1994/230
• Sections: 6

Section 1 Citation and commencement

(1) These Regulations may be cited as the Legal Aid in Family Proceedings (Remuneration) (Amendment) Regulations 1994 and shall come into force on 25th February 1994 except for the purposes of regulation 4 of these Regulations.

(2) Regulation 4 of these Regulations shall come into force upon the commencement of section 30 of the Human Fertilisation and Embryology Act 1990 .

Section 2 Transitional provisions

(1) Subject to paragraph (2) below, these Regulations apply to proceedings in respect of which a legal aid certificate is granted on or after 25th February 1994.

(2) Where a legal aid certificate was granted before 25th February 1994 to an assisted person whose solicitor represents any other assisted person in the same proceedings under a legal aid certificate granted on or after 25th February 1994, the provisions of these Regulations shall not apply as regards the costs payable under the later certificate.

(3) Proceedings in respect of which a legal aid certificate was granted before 25th February 1994 shall be treated as if these Regulations had not been made notwithstanding any amendment issued under Part VII of the Civil Legal Aid (General) Regulations 1989 on or after that date.

Section 3 Interpretation

In these Regulations a regulation referred to by number alone means a regulation so numbered in the Legal Aid in Family Proceedings (Remuneration) Regulations 1991 .

Section 4 Amendments to the Legal Aid in Family Proceedings (Remuneration) Regulations 1991

In regulation 2(1) after paragraph (d) of the definition of “prescribed family proceedings”, there shall be added:—

(e) proceedings under section 30 of the Human Fertilisation and Embryology Act 1990 in the High Court, a county court or a magistrates' court.

Section 5 Amendments to the Legal Aid in Family Proceedings (Remuneration) Regulations 1991

The following paragraph shall be added after regulation 3(1):—

(1A) The following paragraphs of this regulation shall apply solely on a determination under regulation 107A of the General Regulations .

Section 6 Amendments to the Legal Aid in Family Proceedings (Remuneration) Regulations 1991

In regulation 3(2)(c) for the words “ RSC Order 62 or CCR Order 38”there shall be substituted “the Legal Aid in Civil Proceedings (Remuneration) Regulations 1994 ”.