The Legal Advice and Assistance at Police Stations (Remuneration) (Amendment) (No.2) Regulations 1994

• Citation: S.I. 1994/3303
• Sections: 3

Section 1 Citation, commencement and transitional provisions

(1) These Regulations may be cited as the Legal Advice and Assistance at Police Stations (Remuneration) (Amendment) (No.2) Regulations 1994 and shall come into force on 1st February 1995.

(2) These Regulations shall apply to advice and assistance given on or after 1st February 1995.

Section 2 Citation, commencement and transitional provisions

Regulation 2 of the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989 shall be amended as follows:—

(a) by inserting in the definition of “contract” after “section 4 of the”, “1988”;

(b) by substituting in the definition of “duty solicitor scheme” for “under regulation 6” the words “under section 4 of the 1988 Act for the purposes of regulation 6(3)”;

(c) by inserting in the definition of “own solicitor” after “a solicitor” the words “, and any representative of a solicitor,”;

(d) by inserting after the definition of “own solicitor” the following definition:—

“own solicitor representatives scheme” means any arrangements made by the Board under section 4 of the 1988 Act applicable to representatives of own solicitors;

Section 3 Citation, commencement and transitional provisions

Regulation 5 of the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989 shall be amended as follows:—

(a) by inserting in paragraph (2)(a) after “duty solicitor or” the words “, subject to paragraph (2A),”;

(b) by inserting after paragraph (2) the following paragraph:—

(2A) The determining officer shall not allow any charges or fees for advice or assistance given by a representative of an own solicitor to whom any own solicitor representatives scheme applies unless he was registered under and met the other requirements of the scheme when the advice or assistance was given.

(c) by substituting in paragraph (4) for “paragraph (5)” the words “paragraphs (2A) and (5)”.