The Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) (No. 3) Regulations 1999

• Citation: S.I. 1999/2124
• Sections: 3

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) (No. 3) Regulations 1999 and shall come into force on 15th October 1999.

(2) In these Regulations, “ the Regulations ” means the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989 and a regulation referred to by number alone means the regulation so numbered in the Regulations.

Section 2 Amendments to the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989

(1) In the Regulations:

(a) for “taxing master”, wherever it occurs, there shall be substituted “costs judge”; and

(b) for “Chief Taxing Master”, wherever it occurs, there shall be substituted “Senior Costs Judge”.

(2) In regulation 2:

(a) after the definition of “costs” there shall be inserted:

“costs judge” means a taxing master of the Supreme Court;

(b) the definition of “taxing master” shall be deleted.

(3) In regulation 16(7), for “instituted by originating summons in the Queen’s Bench Division” there shall be substituted “brought in the Queen’s Bench Division, follow the procedure set out in Part 8 of the Civil Procedure Rules 1998 ,”.

Section 3 Amendments to the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989

In regulation 5, there shall be inserted after paragraph (4):

(4A) Where the solicitor claims that regulation 44(7) of the General Regulations should be applied in relation to an item of work and the defendant was acquitted and granted a defendant’s costs order under section 16 of the Prosecution of Offences Act 1985 , the solicitor shall certify that no claim for costs incurred before the legal aid order was made has been or will be made from central funds in relation to that item of work.