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Statutory Instruments

2000 No. 2328

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Legal Aid in Criminal and Care Proceedings (General) (Amendment No. 4) Regulations 2000

Made

28th August 2000

Laid before Parliament

31st August 2000

Coming into force

2nd October 2000

The Lord Chancellor, in exercise of the powers conferred on him by sections 21, 34 and 43 of the Legal Aid Act 1988( 1 ), makes the following Regulations:

Citation and commencement

Interpretation

Transitional provisions

4. In regulation 3(1):—

(a) after the definition of “attendance allowance” the following shall be inserted:—

“the Commission” means the Legal Services Commission established under section 1 of the Access to Justice Act 1999 ( 3 ) ; ;

(b) after the definition of “Court of Appeal” the following shall be inserted:—

5. —(1) In regulation 45(1), the following shall be inserted after “Subject to”:—

(2) The following paragraph shall be inserted after regulation 45(2):—

(3) The right conferred by regulation 45(1), as regards representation funded by the Commission, shall be exercisable only in relation to any solicitor who is for the time being a member of the Crime Franchise Panel in respect of the proceedings in relation to which the representation is being granted. .

6. —(1) In Schedule 2, in Form 1:—

(a) paragraph 3 a) and b) shall be amended by substituting “20” for “19”;

(b) in paragraphs 5 a) and 8, the references to Family Credit and Disability Working Allowance shall be deleted;

(c) the following shall be inserted after paragraph 5 d):—

”;

(d) the following paragraph shall be inserted after paragraph 8:—

”.

(2) In Schedule 2, in the Welsh version of Form 1:—

(a) paragraph 3 a) and b) shall be amended by substituting “20” for “19”;

(b) in paragraphs 5 a) and 8, the words “Credyd Teulu, Lwfans Gweithio i'r Anabl,” shall be deleted;

(c) the following shall be inserted after paragraph 5 d):—

”;

(d) the following paragraph shall be inserted after paragraph 8:—

”.

7. In Schedule 2, Forms 3, 11 and 11A, and the Welsh versions of those forms, shall be amended by substituting “20” for “19”.

8. —(1) In Schedule 2, in Form 5:—

(a) in the preamble, the references to Family Credit and Disability Working Allowance shall be deleted;

(b) in paragraph 2, in the section headed “State Benefits”, the reference to unemployment benefit shall be deleted.

(2) In Schedule 2, in the Welsh version of Form 5:—

(a) in the preamble, the words “Credyd Teulu, Lwfans Gweithio i'r Anabl,” shall be deleted;

(b) in paragraph 2, in the section headed “Budd-daliadau'r Wladwriaeth”, the words “fudd-dal diweithdra” shall be deleted.

Signed by authority of the Lord Chancellor

David Lock

Parliamentary Secretary,

Lord Chancellor’s Department

Dated 28th August 2000

( 1 )

1988 c. 34 ; this Act is repealed, in part, by the Access to Justice Act 1999 (c. 22) , subject to savings and transitional provisions contained in S.I. 2000/774 . Sections 34 and 43 were amended by the Courts and Legal Services Act 1990 (c. 41) , Schedule 18, paragraphs 60, 62 and 63. Section 43 is cited because of the meaning given to “regulations”.

( 2 )

S.I. 1989/344 , as amended by S.I. 1995/542 , 1996/1258 and 1999/2737 .

( 3 )

1999 c. 22 .

( 4 )

S.I. 2000/1930 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Legal Aid in Criminal and Care Proceedings (General) (Amendment No. 4) Regulations 2000 (2000/2328)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
19reg. 4.19_rtWPsCj
19reg. 4.19_rtClw75
19reg. 4.19_rtwjI7balert
20reg. 4.20_rtQ8Wlt
20reg. 4.20_rtCaSgQ
20reg. 4.20_rt9jy6Calert

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