The Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) Regulations 2001

• Citation: S.I. 2001/1180
• Sections: 4

Section 1 Citation and commencement

These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) Regulations 2001 and shall come into force on 2nd April 2001.

Section 2 Interpretation

In these Regulations any reference to a Schedule by number alone means the Schedule so numbered in the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989 .

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

(1) Part I of Schedule 1 shall be amended as follows.

(2) In paragraph 1(1), after “1A,” there shall be inserted “1AA,”.

(3) In paragraph 1(1)(a) and (b), for “within legal aid area 1”, wherever it occurs, there shall be substituted “in the Legal Services Commission’s London Region”.

(4) Paragraph 1(2) shall be omitted.

(5) In paragraph 1A, after “paragraphs” there shall be inserted “1AA,”.

(6) The text inserted after paragraph 1A by regulation 5 of the Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) Regulations 1999 and there described as sub-paragraph (1B) shall be re-numbered as paragraph 1B.

(7) After paragraph 1A, and before the paragraph 1B referred to in the preceding sub-paragraph, there shall be inserted the following:—

(1AA)

(1) Subject to paragraphs 2 and 3, the following prescribed rates shall apply to work done by a person who is a party to a general criminal contract instead of the corresponding rates in paragraph 1(1)(a) and 1A:

(2) In this paragraph, “general criminal contract” means a contract with the Legal Services Commission in the form of the Commission’s General Criminal Contract for the time being, and any reference to a party to a general criminal contract includes every person authorised to do work under the contract.

(8) In paragraphs 2 and 3(1), for “1 or 1A” there shall be substituted “1, 1A or 1AA”.

(9) In paragraph 3(4), for “paragraph” there shall be substituted “sub-paragraph”.

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

(1) Part III of Schedule 1 shall be amended as follows.

(2) In paragraph 1, for “(or paragraph 8(1A) in the case of a franchisee)”, wherever it occurs, there shall be substituted “(or paragraph 8(1A) or (1B) as the case may be)”.

(3) In paragraph 6(a), for “(or paragraph 8(1A) in the case of a franchisee)” there shall be substituted “(or paragraph 8(1A) or (1B) as the case may be)”.

(4) In paragraph 7(3), for “(or paragraph 8(1A) in the case of a franchisee)” there shall be substituted “or paragraph 8(1A) or (1B) as the case may be)”.

(5) In paragraph 8(1), for “paragraph (1A)” there shall be substituted “paragraphs (1A) and (1B)”.

(6) At the beginning of paragraph 8(1A) there shall be inserted “Subject to paragraph (1B),”.

(7) After paragraph 8(1A) there shall be inserted the following:

(1B) Where the work was done by a person who is a party to a general criminal contract, and the hearing in connection with which the work was done concluded on or after 2nd April 2001, standard fees are payable in accordance with the Table below:—

TABLE

(1C) In this paragraph, “general criminal contract” means a contract with the Legal Services Commission in the form of the Commission’s General Criminal Contract for the time being, and any reference to a party to a general criminal contract includes every person authorised to do work under the contract.