The Criminal Legal Aid (General) (Amendment) Regulations 2015

• Citation: S.I. 2015/326
• Sections: 3

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Criminal Legal Aid (General) (Amendment) Regulations 2015 and come into force on 23rd March 2015.

(2) In these Regulations—

“the 1998 Act ” means the Crime and Disorder Act 1998 ;

“the 2003 Act ” means the Sexual Offences Act 2003 , and

“the General Regulations ” means the Criminal Legal Aid (General) Regulations 2013 .

Section 2 Amendment to Regulation 9 of the General Regulations

(1) Regulation 9 (criminal proceedings) of the General Regulations is amended as follows.

(2) Omit sub-paragraphs (d) and (e).

(3) For sub-paragraph (f) substitute—

(f) proceedings in relation to parenting orders made under section 8(1)(b) of the Crime and Disorder Act 1998 where an order under section 22 of the Anti-social Behaviour, Crime and Policing Act 2014 or a sexual harm prevention order under section 103A of the Sexual Offences Act 2003 is made;

(4) For sub-paragraph (k) substitute—

(k) proceedings under sections 80, 82, 83 and 84 of the Anti-social Behaviour, Crime and Policing Act 2014 in relation to closure orders made under section 80(5)(a) of that Act where a person has engaged in, or is likely to engage in behaviour that constitutes a criminal offence on the premises;

(5) For sub-paragraph (n) substitute—

(n) proceedings under sections 103A, 103E, 103F and 103H of the Sexual Offences Act 2003 in relation to sexual harm prevention orders;

(6) Omit sub-paragraph (o).

(7) For sub-paragraph (p) substitute—

(p) proceedings under sections 122A, 122D, 122E and 122G of the Sexual Offences Act 2003 in relation to sexual risk orders;

(8) Omit sub-paragraph (q).

Section 3 Transitional provision

(1) The amendments made by Regulation 2 do not apply to a determination under section 15 (advice and assistance for criminal proceedings) or section 16 (representation for criminal proceedings) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 for advice and assistance or representation for relevant criminal proceedings.

(2) For the purposes of paragraph (1), “relevant criminal proceedings” means the following criminal proceedings whenever commenced under—

(a) sections 1, 1D and 4 of the 1998 Act in relation to anti-social behaviour orders;

(b) sections 1G and 1H of the 1998 Act in relation to intervention orders, in which an application for an anti-social behaviour order has been made;

(c) section 8(1)(b) of the 1998 Act in relation to parenting orders made where an anti-social behaviour order or a sex offender order is made in respect of a child;

(d) sections 2, 5 and 6 of the Anti-social Behaviour Act 2003 in relation to closure orders;

(e) sections 104, 108, 109 and 110 of the 2003 Act in relation to sexual offences prevention orders and interim sexual offences prevention orders;

(f) sections 114, 118 and 119 of the 2003 Act in relation to foreign travel orders;

(g) sections 123 and 125 to 127 of the 2003 Act in relation to risk of sexual harm orders and interim risk of sexual harm orders, and

(h) sections 3, 5, 9 and 10 of the Violent Crime Reduction Act 2006 in relation to drinking banning orders and interim drinking banning orders.