Statutory Instruments
2001 No. 616
LEGAL AID AND ADVICE, ENGLAND AND WALES
The Legal Aid in Criminal and Care Proceedings (General) (Amendment) Regulations 2001
Made
28th February 2001
Laid before Parliament
2nd March 2001
Coming into force
1st April 2001
The Lord Chancellor, in exercise of the powers conferred on him by sections 23, 24 and 34 of the Legal Aid Act 1988( 1 ), having consulted the Magistrates' Courts Rule Committee, hereby makes the following Regulations:—
1. These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (General) (Amendment) Regulations 2001 and shall come into force on 1st April 2001.
2. In the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989( 2 )—
(a) in regulation 3(1) for the definition of “justices' clerk” there shall be substituted the following definition—
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“ “justices' chief executive” includes a person duly authorised by the justices' chief executive for a magistrates' court to act on his behalf to the extent that he is so authorised ” ,
and in the definition of “proper officer” for the words “justices' clerk”, in each place where they occur, there shall be substituted the words “justices' chief executive for the court”;
(b) in regulations 11 to 21, 40, 42, 51(4) and 61(1) for the words “justices' clerk”, in each place where they occur, there shall be substituted the words “justices' chief executive”; and
(c) in Form 2 in Schedule 2 for the words “Justices' Clerk”, and in Forms 3, 6, 7 and 8 in that schedule for the words “Clerk to the Justices”, in each place where they occur, there shall be substituted the words “Justices' Chief Executive”.
Irvine of Lairg, C.
28th February 2001
1988 c. 34 ; for the meaning of “regulations” see section 43. Section 34 is repealed by section 106 of, and Part I of Schedule 15 to, the Access to Justice Act 1999 (c. 22) but this repeal is subject to the saving in article 5 of the Access to Justice Act 1999 (Commencement No. 3, Transitional Provisions and Savings) Order 2000 (S.I. 2000/774 ).
S.I. 1989/344 ; the relevant amending instruments are S.I. 1993/789 , S.I. 1993/1895 , S.I. 1995/542 , S.I. 1998/662 , S.I. 1998/2909 , S.I. 1999/815 and S.I. 2000/431 .