The Legal Advice and Assistance (Scope) (Amendment) Regulations 1998

• Citation: S.I. 1998/2831
• Sections: 6

Section 1 Citation and commencement

These Regulations may be cited as the Legal Advice and Assistance (Scope) (Amendment) Regulations 1998 and shall come into force:

(a) as to regulation 5 of these Regulations, on the date on which section 1 of the Crime and Disorder Act 1998 comes into force;

(b) as to the remainder of these Regulations, on 1st December 1998.

Section 2 Interpretation

In these Regulations a reference to a regulation by number alone means the regulation so numbered, and “ Arrangement of Regulations ” means the Arrangement of Regulations, in the Legal Advice and Assistance (Scope) Regulations 1989 .

Section 3 Amendments to Legal Advice and Assistance (Scope) Regulations 1989

In the Arrangement of Regulations after “8. Proceedings in county courts.” there shall be inserted:

(8A) Proceedings in the Crown Court.

Section 4 Amendments to Legal Advice and Assistance (Scope) Regulations 1989

After regulation 7(4) there shall be inserted:

(5) Part III of the Act applies to ABWOR given to:

(a) a respondent in proceedings in a magistrates' court under the following sections of the Crime and Disorder Act 1998:

(i) section 2 (sex offender orders);

(ii) section 11 (child safety orders); or

(iii) section 8 (parenting orders), where the application is for a parenting order by virtue of section 8(1)(a), (b) or (c); or

(b) an applicant in proceedings in a magistrates' court to vary or discharge an order made against that applicant, or a respondent in proceedings in a magistrates' court to vary or discharge an order made against that respondent, under any of the provisions referred to in sub-paragraph (a) above.

Section 5 Amendments to Legal Advice and Assistance (Scope) Regulations 1989

After regulation 7(5) there shall be inserted:

(6) Part III of the Act applies to ABWOR given to:

(a) a respondent in proceedings in a magistrates' court under section 1 of the Crime and Disorder Act 1998 (anti-social behaviour orders); or

(b) an applicant in proceedings in a magistrates' court to vary or discharge an anti-social behaviour order made against that applicant, or a respondent in proceedings in a magistrates' court to vary or discharge an anti-social behaviour order made against that respondent, under that section.

Section 6 Amendments to Legal Advice and Assistance (Scope) Regulations 1989

After regulation 8 there shall be inserted:

Proceedings in the Crown Court

(8A) Part III of the Act applies to ABWOR given to:

(a) an appellant in an appeal to the Crown Court under section 4 or section 10 of the Crime and Disorder Act 1998;

(b) a respondent in proceedings in the Crown Court under section 8 of the Crime and Disorder Act 1998, where the application is for a parenting order made against him by virtue of section 8(1)(c) of that Act; or

(c) an applicant in proceedings in the Crown Court to vary or discharge an order made against that applicant, or a respondent in proceedings in the Crown Court to vary or discharge an order made against that respondent, under the provision referred to in sub-paragraph (b) above.