The Legal Advice and Assistance (Amendment No. 2) Regulations 2001

• Citation: S.I. 2001/829
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Legal Advice and Assistance (Amendment No. 2) Regulations 2001 and shall come into force—

(a) for the purposes of regulations 1 and 3 of these Regulations, on 1st April 2001; and

(b) for all other purposes, on 2nd April 2001.

(2) In these Regulations a reference to a regulation or Schedule by number alone means the regulation or Schedule so numbered in the Legal Advice and Assistance Regulations 1989 .

Section 2 Transitional provision

Regulation 4 of these Regulations shall apply to work carried out on or after 2nd April 2001 and in relation to work carried out before that date the Legal Advice and Assistance Regulations 1989 shall have effect as if that regulation and this regulation had not been made.

Section 3 Amendments to Legal Advice and Assistance Regulations 1989

In regulation 31(1) and paragraphs 2 and 4 of Schedule 5, for “clerk to the justices”, in each place where those words occur, there shall be substituted “justices' chief executive”.

Section 4 Amendments to Legal Advice and Assistance Regulations 1989

(1) Subject to paragraph (2) of this regulation, Schedule 6 shall be amended as provided in the following paragraphs of this regulation, and any reference there to a paragraph by number alone means the paragraph so numbered in Schedule 6.

(2) The amendments in the following paragraphs of this regulation shall apply only to work carried out under a General Civil Contract with the Legal Services Commission, and in respect of work which is not carried out under such a contract the Legal Advice and Assistance Regulations 1989 shall have effect as if those paragraphs had not been made.

(3) In paragraph 1—

(a) for “paragraphs 2, 3 and 4” 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) In paragraph 2—

(a) for “paragraph 4” there shall be substituted “paragraphs 2A, 2B, 4 and 4A”;

(b) after “franchisee” there shall be inserted “or provisional franchisee”;

(c) for “£45.50” (Preparation) there shall be substituted “£47.80”;

(d) for the words in brackets beginning “£48.25 per hour for a fee-earner” (Preparation) there shall be substituted “(£50.70 per hour for a fee-earner whose office is situated in the Legal Services Commission’s London Region)”;

(e) for “£25.50” (Travelling and waiting) there shall be substituted “£26.80”;

(f) for “£3.55” (Routine letters written and telephone calls) there shall be substituted “£3.75”;

(g) for the words in brackets beginning “£3.75 per item for a fee-earner” (Routine letters written and telephone calls) there shall be substituted “(£3.90 per item for a fee-earner whose office is situated in the Legal Services Commission’s London Region)”.

(5) After paragraph 2, there shall be inserted—

(2A) Where advice and assistance is provided by a franchisee or provisional franchisee and that advice and assistance falls within any of the categories of immigration, mental health, education, public law, actions against the police etc. or community care, and that category of work is authorised as a specific category in the schedule to the contract with the Legal Services Commission under which that work is provided, the following rates shall apply instead of those contained in paragraph 2—

(2B) Where advice and assistance is provided by a franchisee or provisional franchisee and that advice and assistance falls within any of the categories of family, housing or employment, and that category of work is authorised as a specific category in the schedule to the contract with the Legal Services Commission under which that work is provided, the following rates shall apply instead of those contained in paragraph 2—

(6) Paragraph 5 shall be deleted.