The Legal Aid (Prescribed Panels) Regulations 1999

• Citation: S.I. 1999/166
• Sections: 4

Section 1 Citation and commencement

These Regulations may be cited as the Legal Aid (Prescribed Panels) Regulations 1999 and shall come into force on 1st February 1999.

Section 2 Interpretation

In these Regulations:

“ the Act ” means the Legal Aid Act 1988;

“authorised litigator” has the meaning given in section 119(1) of the Courts and Legal Services Act 1990 ;

“clinical negligence claim” means a claim for damages in respect of an alleged breach of duty of care committed in the course of the provision of clinical or medical services (including dental or nursing services);

“Clinical Negligence Franchise Panel” has the meaning given in regulation 3.

Section 3 Right to select legal representative in clinical negligence and similar claims

There shall be a panel of authorised litigators, called the Clinical Negligence Franchise Panel, which shall comprise those authorised litigators who from time to time are authorised under a franchising contract with the Board to provide advice, assistance and representation in claims to which regulation 4 applies.

Section 4 Right to select legal representative in clinical negligence and similar claims

(1) This regulation applies to:

(a) clinical negligence claims;

(b) claims for damages in respect of an alleged trespass to the person committed in the course of the provision of clinical or medical services (including dental or nursing services);

(c) claims for damages in respect of alleged professional negligence in the conduct of a claim falling within paragraph (a) or paragraph (b) above; or

(d) claims which include any claim falling within paragraphs (a), (b) or (c) above.

(2) The right conferred by section 32(1) of the Act, as regards advice or assistance or representation by an authorised litigator in respect of any claim to which this regulation applies, shall be exercisable only in relation to authorised litigators who are for the time being members of the Clinical Negligence Franchise Panel.

(3) Paragraph (2) shall not affect the Board’s powers under section 32(2) of the Act (assignment, or limitation on selection, of legal representative).