The Legal Advice and Assistance (Amendment) (No. 2) Regulations 1995

• Citation: S.I. 1995/949
• Sections: 11

Section 1 Citation and commencement

These Regulations may be cited as the Legal Advice and Assistance (Amendment) (No. 2) Regulations 1995 and shall come into force on 24th April 1995.

Section 2 Interpretation

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

Section 3 Transitional provisions

These Regulations shall apply for the purposes of work done on or after 24th April 1995 to which the Legal Advice and Assistance Regulations 1989 apply.

Section 4 Amendments to the Legal Advice and Assistance Regulations 1989

In regulation 4(1)(b), for “paragraph 1(1)(a) of Part I of Schedule 1 to the Costs Regulations” there shall be substituted “paragraph 1 (or paragraph 2 in the case of a franchisee) of Schedule 6”.

Section 5 Amendments to the Legal Advice and Assistance Regulations 1989

Regulation 30 shall be amended as follows:—

(a) in paragraph (1)(a), the word “and” shall be omitted;

(b) in paragraph (1)(b), the words “and paragraphs 2 and 3 of Schedule 1, Part I” shall be omitted;

(c) the following sub-paragraph shall be added after paragraph (1)(b):—

, and

Schedule 6 to these Regulations shall apply instead of Part I of Schedule 1 to the Costs Regulations.

(d) paragraph (3) shall be omitted.

Section 6 Amendments to the Legal Advice and Assistance Regulations 1989

The Schedule to these Regulations shall be substituted for Schedule 6.

Section 1

Subject to paragraphs 2, 3 and 4, the amount to be allowed shall be assessed at the following prescribed rates:

Section 2

Subject to paragraph 4, where advice and assistance is provided by a franchisee, the following rates shall apply instead of those contained in paragraph 1:

Section 3

Subject to paragraph 4, where the claim is in respect of ABWOR to which Part III of the Act applies by virtue of regulation 9(a) or (c) of the Scope Regulations, the following rates shall apply instead of those contained in paragraph 1:

Section 4

Where the claim is in respect of ABWOR to which Part III of the Act applies by virtue of regulation 9(a) or (c) of the Scope Regulations and the work is done by a franchisee, the following rates shall apply instead of those contained in paragraphs 1, 2 and 3:

Section 5

In paragraphs 1 to 4, “legal aid area” means an area specified by the Board under regulation 4(1) of the Civil Legal Aid (General) Regulations 1989 , and legal aid area 1 means the area so numbered by the Board.