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The Civil Legal Aid (General) (Amendment) Regulations 1991

S.I. 1991/524 · Made 7 March 1991

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.

LEGAL AID AND ADVICE, ENGLAND AND WALES

Made 7th March 1991

Laid before Parliament 11th March 1991

Coming into force

Regulation 3(2) 1st July 1991

Remainder 1st April 1991

The Lord Chancellor, in exercise of the powers conferred on him by sections 6(2), 31(3), 34 and 43 of the Legal Aid Act 1988f1 having had regard to the matters specified in section 34(9) and consulted the General Council of the Bar, the Law Society, and with the consent of the Treasury, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1988 c. 34; section 34 is amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraph 63. Section 43 is an interpretation provision and is cited because of the meaning assigned to the word “regulations”.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Amendment of the Civil Legal (General) Regulations 1989
  4. Signature
  5. Explanatory note

1Citation and commencement

(1)

These Regulations may be cited as the Civil Legal Aid (General) (Amendment) Regulations 1991.

(2)

Regulation 3(2) shall come into force on 1st July 1991 and the other regulations shall come into force on 1st April 1991.

2Interpretation

In regulation 3 of these Regulations a regulation referred to by number means a regulation so numbered in the Civil Legal Aid (General) Regulations 1989f1.

3Amendment of the Civil Legal (General) Regulations 1989

(1)

In paragraph (2) of regulation 104 the words after “Part 1,” shall be deleted and there shall be inserted the words “paragraph 1(1)(a) to the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989f1 as if the work done was work to which those provisions apply, save that paragraph 2 and 3 of Schedule 1, Part I shall not apply.”.

(2)

In regulation 105—

(a)

After paragraph (2) there shall be inserted the following new paragraph—

“(2A)

Where proceedings have begun and the solicitor is of the opinion that the total amount which he and counsel (if any) would receive after taxation on the standard basis would not be more than £500 he must apply to the Area Director for an assessment of the amount of his costs and counsel’s fees (if any) in respect of the work done.”

(b)

In paragraph (3) before the word “Where” there shall be inserted the words “Subject to paragraph (2A),” and for the figure “£500” there shall be substituted the figure “£1,O00”.

Signature

Mackay of Clashfern, C.

6th March 1991

We consent,

Sydney Chapman

Irvine Patnick

Two of the Lords Commissioners of Her Majesty’s Treasury

7th March 1991

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Civil Legal Aid (General) Regulations 1989 by—

(1)

excluding from the assessment of costs under the Regulations the provisions of the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989 which allow for reduction and enhancement of the prescribed rates; and

(2)

requiring bills estimated to be not more than £500 to be assessed by the Legal Aid Board and increasing the amount at which the Board may assess bills from £500 to £1,000.