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The Church of England (Legal Aid) (Amendment) Rules 2006

S.I. 2006/1939 · Made 15 June 2006

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

ECCLESIASTICAL LAW, ENGLAND

LEGAL AID

Made by the Archbishops' Council 15th June 2006

Approved by the General Synod 7th July 2006

Laid before Parliament 25th July 2006

Coming into force 1st August 2006

In exercise of the powers conferred by section 4 of the Church of England (Legal Aid) Measure 1994f1, as amendedf2, the Archbishops' Council hereby makes the following Rules—

Annotations to the whole text

Footnotes

f1

1994 No.3.

f2

S.I. 1998/1715.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Interim certificates
  3. 3Determination of applications for legal aid
  4. 4Power to discharge or revoke certificates
  5. Signature
  6. Explanatory note

1Citation, commencement and interpretation

(1)

These Rules may be cited as the Church of England (Legal Aid) (Amendment) Rules 2006 and shall come into force on 1st August 2006.

(2)

In these Rules “the 1995 Rules” means the Church of England (Legal Aid) Rules 1995f1.

2Interim certificates

In rule 10 of the 1995 Rules, there shall be added, at the end, the following paragraph—

“(3)

The power to issue an interim certificate under this rule may be exercised by the deputy of the secretary if any and, for any purposes of this rule, the deputy may exercise also the powers conferred on the secretary by rule 9.”.

3Determination of applications for legal aid

In rule 11(4) of the 1995 Rules, for the words following the words “legal aid” to the end, there shall be substituted the words “together with a statement of the reasons for the decision”.

4Power to discharge or revoke certificates

In rule 15(7) of the 1995 Rules, for the word “but” there shall be substituted the word “and” and for sub-paragraph (b) there shall be substituted the following sub-paragraph—

“(b)

the secretary shall also send to that person (except where the certificate has been discharged because of the death of that person) and to the solicitor of that person a statement of the reasons for the discharge or revocation.”.

Signature

These Rules were made by the Archbishops' Council on 15th June 2006

William Fittall

Secretary General

Church House,

London

These Rules were approved by the General Synod on 7th July 2006

David Williams

Clerk to the Synod

Church House,

London

Explanatory note

(This note is not part of the Order)

These Rules amend the Church of England (Legal Aid) Rules 1995. Rule 2 enables the deputy (if any) of the Secretary to the Legal Aid Commission to issue interim certificates of legal aid on behalf of the Commission.

Rules 3 and 4, respectively, provide for a statement of reasons to be given for the Commission’s decision on an application for legal aid and for a decision to discharge or revoke a legal aid certificate to the applicant or assisted person (unless, in the case of an assisted person, the certificate has been discharged as a result of that person’s death) and to the solicitor of the applicant or assisted person.