1. —(1) These Regulations may be cited as the Criminal Defence Service (Recovery of Defence Costs Orders) (Amendment) Regulations 2004 and shall come into force on 17th May 2004.

(2) In these Regulations reference to a regulation by number alone means a regulation so numbered in the Criminal Defence Service (Recovery of Defence Costs Orders) Regulations 2001( 3 ).

2. In regulations 3 and 4, for “may” substitute “shall”, wherever that word occurs.

3. In regulation 11, for the words from “consider” to the end substitute—

• “ :

  (a)

  subject to regulation 4(2), make an RDCO;

  (b)

  where an RDCO may be made under regulation 4(2)(d), consider whether it is reasonable in all the circumstances of the case to make such an order. ” .

4. In regulation 13, omit “, other than in exceptional circumstances,”.

5. In regulation 17, after “parties” insert “, and may add any costs incurred in connection with the enforcement to the amount to be paid under the RDCO”.