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Criminal Defence Service Act 2006

2006 CHAPTER 9

An Act to make provision about representation funded as part of the Criminal Defence Service.

[30th March 2006]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Grant of rights to representation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 Rights to representation: financial eligibility

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 Rights to representation: contribution orders

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4 Consequential amendments

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Subsection (3) applies to the following enactments—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) paragraph 5(7) of Schedule 6 to that Act (local authority residence requirement not to be imposed in respect of offender not legally represented in court, except in certain cases), and

(e) paragraph 5A(6) of that Schedule (foster parent residence requirement not to be imposed in respect of offender not legally represented in court, except in certain cases).

(3) In each of the enactments to which this subsection applies—

(a) in paragraph (a) (right to representation funded by the Legal Services Commission as part of the Criminal Defence Service withdrawn because of conduct), after “conduct” there is inserted “ or because it appeared that his financial resources were such that he was not eligible to be granted such a right ” , and

(b) for “or” at the end of that paragraph there is substituted—

“ (aa) he applied for such representation and the application was refused because it appeared that his financial resources were such that he was not eligible to be granted a right to it; or ” .

5 Short title, commencement and extent

(1) This Act may be cited as the Criminal Defence Service Act 2006.

(2) This Act, except this section, shall come into force on such day as the Lord Chancellor may by order made by statutory instrument appoint; and different days may be appointed for different purposes.

(3) The Lord Chancellor may by order made by statutory instrument make such transitional provision or savings as he thinks fit in connection with the coming into force of any provision of this Act.

(4) This Act extends to England and Wales only.

Status: There are currently no known outstanding effects for the Criminal Defence Service Act 2006.
Criminal Defence Service Act 2006 (2006/9)

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Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
C1S. 4(2)(c) modified (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9) , ss. 1 , 5(2) (3) ; S.I. 2012/1236 , reg. 2
F1Ss. 1-3 repealed (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) , s. 151(1) , Sch. 5 Pt. 2 ; S.I. 2013/453 , art. 3(h) (with savings and transitional provisions in S.I. 2013/534 , art. 6)this amendment is subject to savings and/or transitional provisions, see the commentary.repealed
F1Ss. 1-3 repealed (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) , s. 151(1) , Sch. 5 Pt. 2 ; S.I. 2013/453 , art. 3(h) (with savings and transitional provisions in S.I. 2013/534 , art. 6)this amendment is subject to savings and/or transitional provisions, see the commentary.repealed
F1Ss. 1-3 repealed (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) , s. 151(1) , Sch. 5 Pt. 2 ; S.I. 2013/453 , art. 3(h) (with savings and transitional provisions in S.I. 2013/534 , art. 6)this amendment is subject to savings and/or transitional provisions, see the commentary.repealed
F2S. 4(1) repealed (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) , s. 151(1) , Sch. 5 Pt. 2 ; S.I. 2013/453 , art. 3(h) (with savings and transitional provisions in S.I. 2013/534 , art. 6)this amendment is subject to savings and/or transitional provisions, see the commentary.repealed
F3S. 4(2)(a)(b) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) , s. 151(1) , Sch. 12 para. 53 ; S.I. 2012/2906 , art. 2(j) (with art. 7(2)(h) (3) ); S.I. 2012/2906 , art. 2(j) (with art. 7(2)(h) (3) )this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted
F4S. 4(2)(c) repealed (1.12.2020) by Sentencing Act 2020 (c. 17) , s. 416(1) , Sch. 28 (with ss. 413(4) (5) , 416(7) , Sch. 27 ); S.I. 2020/1236 , reg. 2this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
P1S. 5(2) power fully exercised: 2.10.2006 appointed by { S.I. 2006/2491 }, art. 2
Defined TermSection/ArticleIDScope of Application
Changes that affect Made by
Sort descending by Changed Legislation Sort descending by Year and Number Changed Provision Type of effect Sort descending by Affecting Legislation Title Sort descending by Year and Number Affecting Provision Sort descending by Changes made to website text Note
Criminal Defence Service Act 2006 2006 c. 9 s. 1 coming into force The Criminal Defence Service Act 2006 (Commencement) Order 2006 2006 No. 2491 art. 2 Yes
Criminal Defence Service Act 2006 2006 c. 9 s. 2 coming into force The Criminal Defence Service Act 2006 (Commencement) Order 2006 2006 No. 2491 art. 2 Yes
Criminal Defence Service Act 2006 2006 c. 9 s. 3 coming into force The Criminal Defence Service Act 2006 (Commencement) Order 2006 2006 No. 2491 art. 2 Yes
Criminal Defence Service Act 2006 2006 c. 9 s. 4 coming into force The Criminal Defence Service Act 2006 (Commencement) Order 2006 2006 No. 2491 art. 2 Yes
  • Criminal Defence Service Act 2006 (Commencement) Order 2006 (2006/2491)

Status of changes to instrument text

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