The Legal Advice and Assistance at Police Stations (Remuneration) (Amendment) Regulations 2001

• Citation: S.I. 2001/1181
• Sections: 5

Section 1 Citation and commencement

These Regulations may be cited as the Legal Advice and Assistance at Police Stations (Remuneration) (Amendment) Regulations 2001 and shall come into force on 2nd April 2001.

Section 2 Interpretation

In these Regulations a reference to a regulation by number alone means the regulation so numbered in the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989 , and a reference to the Schedule means the Schedule to those Regulations.

Section 3 Transitional provisions

These Regulations shall apply for the purposes of work done on or after 2nd April 2001 to which the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989 apply.

Section 4 Amendments to the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989

In regulation 5:—

(a) in paragraph (5), the words “but excluding any supplement allowed under paragraph (8)” shall be omitted;

(b) paragraph (8) shall be omitted.

Section 5 Amendments to the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989

(1) The Schedule shall be amended as follows.

(2) Throughout the Schedule, for “Board” there shall be substituted “Commission”.

(3) In paragraph 1(1),

(a) for “2 and 3” there shall be substituted “2 to 4”;

(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) At the beginning of paragraph 3 there shall be inserted “Subject to paragraph 4,”.

(6) After paragraph 3 there shall be inserted the following:—

(4) In the case of a person who is a party to a general criminal contract, the Commission shall allow fees for work allowed by it under regulation 5 at the following rates:

(a) availability during duty period

(b) advice and assistance to a person arrested and held in custody, or being interviewed in connection with a serious service offence or to a volunteer, given

(i) by a duty solicitor in unsocial hours

(ii) by a duty solicitor in all other hours

(iii) by an own solicitor

(c) travelling and waiting

(i) by a duty solicitor in unsocial hours

(ii) by a duty solicitor in all other hours

(iii) by an own solicitor

(d) advising and assisting over the telephone

(e) routine telephone calls

(5) In this Schedule, “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.