The Criminal Defence Service (General) (No. 2) (Amendment) Regulations 2010

• Citation: S.I. 2010/1848
• Sections: 5

Section 1 Citation, commencement, application and interpretation

(1) These Regulations may be cited as the Criminal Defence Service (General) (No. 2) (Amendment) Regulations 2010 and come into force on 11th August 2010.

(2) These Regulations apply to grants of representation orders made on or after the day on which these Regulations come into force.

(3) In these Regulations, “the 2001 Regulations ” means the Criminal Defence Service (General) (No. 2) Regulations 2001 .

Section 2 Amendments to the 2001 Regulations

For regulation 7 of the 2001 Regulations and its heading substitute—

Power of the High Court and the Court of Appeal to grant representation

(7)

(1) The High Court or a judge of that Court may grant a representation order in respect of criminal proceedings in the High Court or the Supreme Court, whether or not an application has been made for such an order.

(2) The Court of Appeal, a judge of that Court, the head of the Civil Appeals Office or the Registrar of Criminal Appeals may grant a representation order in respect of criminal proceedings in the Court of Appeal or the Supreme Court, whether or not an application has been made for such an order.

Section 3 Amendments to the 2001 Regulations

In regulation 9A of the 2001 Regulations after paragraph (1) insert the following:

(1A) Except where regulation 6(3) applies, an application for a representation order in respect of proceedings in the Supreme Court may be made in accordance with paragraph (1)(c) above.

Section 4 Amendments to the 2001 Regulations

In the heading to regulation 10 of the 2001 Regulations for “House of Lords” substitute “Supreme Court”.

Section 5 Amendments to the 2001 Regulations

In regulation 13(1) of the 2001 Regulations after “in regulation 3(2)),” insert “the High Court, the”.