The Legal Aid in Criminal and Care Proceedings (General) (Amendment) Regulations 1994

• Citation: S.I. 1994/807
• Sections: 6

Section 1 Citation and commencement

These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (General) (Amendment) Regulations 1994 and shall come into force on 11th April 1994.

Section 2 Interpretation

In these Regulations a regulation or Schedule referred to by number alone means a regulation or Schedule so numbered in the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989 .

Section 3 Transitional Provisions

These Regulations shall apply to applications for legal aid made on or after 11th April 1994 and applications made before that date shall be treated as if these Regulations had not come into force.

Section 4 Amendments of the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989

In regulation 23, for paragraph (2) there shall be substituted the following:—

(2) Subject to paragraphs (3) and (4), where an applicant does not submit a statement of means when he applies for legal aid, the proper officer or the court to which the application is being made shall require him to do so.

(2A) Subject to paragraphs (3) and (4), where an applicant submits a statement of means but neither provides supporting documentary evidence nor supplies an explanation in writing of why it was not reasonably practicable to do so, the proper officer or the court to which the application is being made shall require him to provide such evidence or else supply such written explanation.

Section 5 Amendments of the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989

Regulation 24 shall be amended as follows—

(a) in paragraph (2)(a), for “he was unable to provide” there shall be substituted “it was not reasonably practicable to provide supporting”;

(b) at the end of paragraph (2), for “he is no longer unable to do so”there shall be substituted “it has become reasonably practicable to do so”.

Section 6 Amendments of the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989

Schedule 4 shall be amended by substituting “£46” for “£44” and “£47”for “£45”.