Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Criminal Defence Service (Financial Eligibility) (Amendment No. 2) Regulations 2007 and come into force on 1st November 2007.

(2) In these Regulations a reference to a regulation by number is a reference to the regulation so numbered in the Criminal Defence Service (Financial Eligibility) Regulations 2006( 2 ).

Amendments to the Criminal Defence Service (Financial Eligibility) Regulations 2006

2. In regulation 2(1)—

(a) in the definition of “the Independent Living Funds”, for “and the Independent Living (1983) Fund” substitute “, the Independent Living (1993) Fund and the Independent Living Fund (2006)”;

(b) after the definition of “the Independent Living (1993) Fund” insert the following definition—

“ “the Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part; ” .

3. In regulation 5(2), for “16 or who is under the age of 18 and in full-time education” substitute “18”.

4. In regulation 13, for the words from “if, but only if,” to the end substitute—

“ if, but only if—

(a) there is a change in his financial circumstances which might affect his eligibility for a representation order; or

(b) a decision refusing him a representation order has been quashed under regulation 14(5)(c). ” .

5. In regulation 14(5), for “must uphold the decision or grant the individual a representation order” substitute—

“ may—

(a) uphold the decision;

(b) grant the individual a representation order; or

(c) quash the decision. ” .