Statutory Instruments
2015 No. 838
Legal Aid And Advice, England And Wales
The Legal Aid, Community Legal Service and Criminal Defence Service (Amendment) Regulations 2015
Made
23rd March 2015
Laid before Parliament
23rd March 2015
Coming into force in accordance with regulation 1
The Lord Chancellor makes these Regulations in exercise of the powers conferred by sections 7, 10, 17A, 25(8) and 26 of, and paragraphs 3B and 8(2) of Schedule 3 to, the Access to Justice Act 1999( 1 ) and sections 14(h), 21(2) and (3), 22(3)(f), 23(1) and (6) and 41(1) and (2) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012( 2 ).
Citation and commencement
1. —(1) These Regulations may be cited as the Legal Aid, Community Legal Service and Criminal Defence Service (Amendment) Regulations 2015.
(2) These Regulations come into force for the purposes of Regulation 7 on 24th March 2015 and for all other purposes on 13th April 2015.
Amendment to the Community Legal Service (Financial) Regulations 2000
2. In the Community Legal Service (Financial) Regulations 2000( 3 )—
(a) in regulation 19, for paragraph (b) substitute—
“ (b) any direct payments made under sections 31 to 33 of the Care Act 2014 ( 4 ) (direct payments) or under regulations made under section 17A of the Children Act 1989 ( 5 ) (direct payments), section 57(1) of the Health and Social Care Act 2001 ( 6 ) (direct payments) or section 49(3) of the Children and Families Act 2014 ( 7 ) (personal budgets and direct payments); ” ;
(b) in regulation 33(b), after “regulations made under” insert “section 49(3) of the Children and Families Act 2014 (personal budgets and direct payments) or”.
Amendment to the Criminal Defence Service (General) (No. 2) Regulations 2001
3. In paragraph 8(1)(d) of Schedule 1 to the Criminal Defence Service (General) (No. 2) Regulations 2001( 8 ), after “regulations made under” insert “section 17A of the Children Act 1989 (direct payments), section 49(3) of the Children and Families Act 2014 (personal budgets and direct payments) or”.
Amendment to the Criminal Defence Service (Financial Eligibility) Regulations 2006
4. In the definition of “gross annual income” in regulation 2(1) of the Criminal Defence Service (Financial Eligibility) Regulations 2006( 9 ), for paragraph (b) substitute—
“ (b) any direct payments made under sections 31 to 33 of the Care Act 2014 (direct payments) or under regulations made under section 17A of the Children Act 1989 (direct payments), section 57(1) of the Health and Social Care Act 2001 (direct payments) or section 49(3) of the Children and Families Act 2014 (personal budgets and direct payments); ” .
Amendment to the Criminal Defence Service (Information Requests) (Prescribed Benefits) Regulations 2009
5. In the table in regulation 2 of the Criminal Defence Service (Information Requests) (Prescribed Benefits) Regulations 2009( 10 ), for the entry—
| “ Any direct payment | The Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2004 ( 11 ) ” |
substitute, in the first, second and third columns respectively—
| “ Any direct payment | Regulations under the Children Act 1989 | Section 17A |
| Any direct payment | The Care Act 2014 | Sections 31 to 33 |
| Any direct payment | Regulations under the Children and Families Act 2014 | Section 49(3) ” . |
Amendment to the Criminal Defence Service (Contribution Orders) Regulations 2009
6. In the definition of “gross annual income” in regulation 2(1) of the Criminal Defence Service (Contribution Orders) Regulations 2009( 12 ), for paragraph (b) substitute—
“ (b) any direct payments made under sections 31 to 33 of the Care Act 2014 (direct payments) or under regulations made under section 17A of the Children Act 1989 (direct payments), section 57(1) of the Health and Social Care Act 2001 (direct payments) or section 49(3) of the Children and Families Act 2014 (personal budgets and direct payments); ” .
Amendment to the Criminal Legal Aid (General) Regulations 2013
7. In regulation 9 of the Criminal Legal Aid (General) Regulations 2013( 13 ), after paragraph (j) insert—
“ (ja) proceedings in a youth court (or on appeal from such a court) in relation to the breach or potential breach of a provision of an injunction under Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 ( 14 ) where the person who is subject to the injunction is aged under 14; ” .
Amendment to the Criminal Legal Aid (Financial Resources) Regulations 2013
8. In regulations 11(3)(f), 20(2)(e) and 33(2)(e) of the Criminal Legal Aid (Financial Resources) Regulations 2013( 15 ), after “regulations made under” insert “section 49(3) of the Children and Families Act 2014 (personal budgets and direct payments),”.
Amendment to the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013
9. In the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013( 16 )—
(a) in regulation 24(1)(g), after “regulations made under” insert “section 49(3) of the Children and Families Act 2014 (personal budgets and direct payments),”;
(b) in regulation 40(b)(ii), after “regulations made under” insert “section 17A of the Children Act 1989 (direct payments), section 49(3) of the Children and Families Act 2014 (personal budgets and direct payments) or”.
Amendment to the Criminal Legal Aid (Contribution Orders) Regulations 2013
10. In regulation 10(2)(e) of the Criminal Legal Aid (Contribution Orders) Regulations 2013( 17 ), after “regulations made under” insert “section 49(3) of the Children and Families Act 2014 (personal budgets and direct payments),”.
Amendment to the Legal Aid (Information about Financial Resources) Regulations 2013
11. In paragraph 23 of the Schedule to the Legal Aid (Information about Financial Resources) Regulations 2013( 18 ), after “regulations made under” insert “section 17A of the Children Act 1989, section 49(3) of the Children and Families Act 2014 (personal budgets and direct payments),”.
Shailesh Vara
Parliamentary Under Secretary of State
Ministry of Justice
23rd March 2015
1999 c. 22 . Sections 7, 10, 17A, 25(8) and 26, and paragraphs 3B and 8(2) to Schedule 3 were repealed by paragraph 51(a) of Schedule 5 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012, subject to saving and transitional provisions set out in regulations 6 to 13 of S.I. 2013/534 . Section 26 provides that “regulations” means regulations made by the Lord Chancellor and “prescribed” means prescribed by regulations.
2012 c. 10 . Section 42(1) provides that in Part 1 of that Act “regulations” means regulations made by the Lord Chancellor and “prescribed” means prescribed by regulations (except in Schedule 6).
S.I. 2000/516 , amended by S.I. 2003/762 , 2004/1748 , 2007/906 and 2009/1887 ; there are other amending instruments but none is relevant.
S.I. 2001/1437 , amended by S.I. 2003/762 and 2004/1748 ; there are other amending instruments but none is relevant.
S.I. 2006/2492 , amended by S.I. 2009/1887 ; there are other amending instruments but none is relevant.
S.I. 2009/212 , to which there are amendments not relevant to these Regulations.
S.I. 2004/1798 , revoked by S.I. 2011/831 .
S.I. 2009/3328 , to which there are amendments not relevant to these Regulations.
S.I. 2013/9 , amended by S.I. 2013/472 and 2015/326 .
S.I. 2013/471 , amended by S.I. 2013/2791 ; there are other amending instruments but none is relevant.
S.I. 2013/480 , to which there are amendments not relevant to these Regulations.
S.I. 2013/483 , to which there are amendments not relevant to these Regulations.
S.I. 2013/628 , to which there are amendments not relevant to these Regulations.