The Legal Aid in Criminal and Care Proceedings (General) (Amendment No. 4) Regulations 2000

• Citation: S.I. 2000/2328
• Sections: 8

Section 1 Citation and commencement

These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (General) (Amendment No. 4) Regulations 2000 and shall come into force on 2nd October 2000.

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 Aid in Criminal and Care Proceedings (General) Regulations 1989 .

Section 3 Transitional provisions

These Regulations shall apply to all applications for legal aid made on or after 2nd October 2000 and applications made before that date shall be treated as if these Regulations had not been made.

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

In regulation 3(1):—

(a) after the definition of “attendance allowance” the following shall be inserted:—

“the Commission” means the Legal Services Commission established under section 1 of the Access to Justice Act 1999 ;

(b) after the definition of “Court of Appeal” the following shall be inserted:—

“the Crime Franchise Panel” has the meaning given in the Legal Aid (Prescribed Panels) (Amendment) Regulations 2000 ;

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

(1) In regulation 45(1), the following shall be inserted after “Subject to”:—

paragraph (3) and

(2) The following paragraph shall be inserted after regulation 45(2):—

(3) The right conferred by regulation 45(1), as regards representation funded by the Commission, shall be exercisable only in relation to any solicitor who is for the time being a member of the Crime Franchise Panel in respect of the proceedings in relation to which the representation is being granted.

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

(1) In Schedule 2, in Form 1:—

(a) paragraph 3 a) and b) shall be amended by substituting “20” for “19”;

(b) in paragraphs 5 a) and 8, the references to Family Credit and Disability Working Allowance shall be deleted;

(c) the following shall be inserted after paragraph 5 d):—

(d) the following paragraph shall be inserted after paragraph 8:—

(2) In Schedule 2, in the Welsh version of Form 1:—

(a) paragraph 3 a) and b) shall be amended by substituting “20” for “19”;

(b) in paragraphs 5 a) and 8, the words “Credyd Teulu, Lwfans Gweithio i'r Anabl,” shall be deleted;

(c) the following shall be inserted after paragraph 5 d):—

(d) the following paragraph shall be inserted after paragraph 8:—

Section 7 Amendments to the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989

In Schedule 2, Forms 3, 11 and 11A, and the Welsh versions of those forms, shall be amended by substituting “20” for “19”.

Section 8 Amendments to the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989

(1) In Schedule 2, in Form 5:—

(a) in the preamble, the references to Family Credit and Disability Working Allowance shall be deleted;

(b) in paragraph 2, in the section headed “State Benefits”, the reference to unemployment benefit shall be deleted.

(2) In Schedule 2, in the Welsh version of Form 5:—

(a) in the preamble, the words “Credyd Teulu, Lwfans Gweithio i'r Anabl,” shall be deleted;

(b) in paragraph 2, in the section headed “Budd-daliadau'r Wladwriaeth”, the words “fudd-dal diweithdra” shall be deleted.