The Legal Advice and Assistance (Amendment No. 3) Regulations 2001

• Citation: S.I. 2001/1182
• Sections: 3

Section 1 Citation and commencement

These Regulations may be cited as the Legal Advice and Assistance (Amendment No. 3) Regulations 2001 and shall come into force on 2nd April 2001 immediately after the Legal Advice and Assistance (Amendment No. 2) Regulations 2001 .

Section 2 Transitional provisions

These Regulations shall apply to work carried out on or after 2nd April 2001, and in relation to work done before that date the Legal Advice and Assistance Regulations 1989 shall have effect as if these Regulations had not come into force.

Section 3 Amendments to Legal Advice and Assistance Regulations 1989

(1) Schedule 6 to the Legal Advice and Assistance Regulations 1989 shall be amended as follows.

(2) In paragraph 1, for “paragraphs 2 to 4” there shall be substituted “the following paragraphs of this Schedule”.

(3) In paragraph 2, for the words from “Subject” to “where” there shall be substituted “Subject to the following paragraphs of this Schedule, where”.

(4) Before paragraph 3 there shall be inserted:—

(2C) Subject to paragraph 5 below, where advice and assistance is provided in connection with actual or contemplated criminal investigations or criminal proceedings by a person who is a party to a general criminal contract, the following rates shall apply:—

(5) In paragraph 3, for “paragraph 4” there shall be substituted “paragraphs 4 and 5”.

(6) At the beginning of paragraph 4 there shall be inserted “Subject to paragraph 5,”.

(7) Paragraph 5 shall be omitted , and in its place there shall be inserted the following:—

(5) Where the claim is in respect of ABWOR to which Part III of the Act applies by virtue of regulation 9(a), (c) or (d) of the Scope Regulations and the work is done by a person who is a party to the general criminal contract, the following rates shall apply instead of those contained in any of the preceding paragraphs:

(6) 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;

“criminal proceedings” has the meaning given by article 1(2) of the Access to Justice Act 1999 (Commencement No. 3, Transitional Provisions and Savings) Order 2000 ;

“London Region” means the London Region of the Legal Services Commission.