# The Civil Legal Aid (General) (Amendment) Regulations 1997

S.I. 1997/416 · made 18 February 1997

These Regulations amend the Civil Legal Aid (General) Regulations 1989 so that::—the Area Director may revoke or discharge a certificate where the assisted person has made an untrue statement, failed to disclose a material fact or failed to attend for an interview or to provide information or documents in connection with a legal aid application, whether in the same or different proceedings (regulations 3 and 4);the statutory charge on property recovered or preserved for the assisted person does not extend to the tools of his trade or to any payment made by the Secretary of State under the Earnings Top-up Scheme (regulation 5);payments on account of disbursements may be made after the discharge or revocation of the legal aid certificate (regulation 6).

Made under: Legal Aid Act 1988 (Section 34, Section 43)

## Introductory text

LEGAL AID AND ADVICE, ENGLAND AND WALES
Made 18th February 1997
Laid before Parliament 24th February 1997
Coming into force 31st March 1997
The Lord Chancellor, in exercise of the powers conferred on him by sections 34 and 43 of the Legal Aid Act 1988 and with the consent of the Treasury, hereby makes the following Regulations:—

## 1 Citation and commencement

These Regulations may be cited as the Civil Legal Aid (General) (Amendment) Regulations 1997 and shall come into force on 31st March 1997.

## 2 Interpretation

In these Regulations a reference to any regulation by number alone means the regulation so numbered in the Civil Legal Aid (General) Regulations 1989.

## 3 Amendments to the Civil Legal Aid (General) Regulations 1989

Regulation 78(1)(a) shall be amended as follows:—
(a) after “a certificate” there shall be inserted “(whether for the same or different proceedings)”;
(b) “in connection with the same proceedings” shall be omitted.

## 4 Amendments to the Civil Legal Aid (General) Regulations 1989

In regulation 79, after “these Regulations” there shall be inserted “whether in respect of the same or different proceedings”.

## 5 Amendments to the Civil Legal Aid (General) Regulations 1989

Regulation 94 shall be amended as follows:—
(a) in paragraph (d)(ix), the final “or” shall be omitted;
(b) after paragraph (d) there shall be inserted the following:—
“(dd) any tools of the assisted person’s trade;”;
(c) in paragraph (f), the final “or” shall be omitted;
(d) after paragraph (f) there shall be inserted the following:—
“(ff) any payment made by the Secretary of State under the Earnings Top-up Scheme 1996; or”.

## 6 Amendments to the Civil Legal Aid (General) Regulations 1989

After regulation 101(1) there shall be inserted the following new paragraph—
“(1A) A solicitor who has acted for an assisted person may make an application under paragraph (1)(a) notwithstanding that the proceedings to which the certificate related have concluded and that the certificate has been revoked or discharged.”.

## Signature

Mackay of Clashfern , C.
Dated 11th February 1997
We consent,
Patrick McLoughlin
Roger M. Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 18th February 1997

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the Civil Legal Aid (General) Regulations 1989 so that::—
(a) the Area Director may revoke or discharge a certificate where the assisted person has made an untrue statement, failed to disclose a material fact or failed to attend for an interview or to provide information or documents in connection with a legal aid application, whether in the same or different proceedings (regulations 3 and 4);
(b) the statutory charge on property recovered or preserved for the assisted person does not extend to the tools of his trade or to any payment made by the Secretary of State under the Earnings Top-up Scheme (regulation 5);
(c) payments on account of disbursements may be made after the discharge or revocation of the legal aid certificate (regulation 6).

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Source: https://www.legislation.gov.uk/uksi/1997/416 (the official version)
Page: https://openlegislation.uk/civil-legal-aid-general-amendment-regulations-1997
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.