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The Civil Legal Aid (General) Regulations 1989

S.I. 1989/339 · Made 3 March 1989

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 3rd March 1989

Laid before Parliament 8th March 1989

Coming into force 1st April 1989

The Lord Chancellor, in exercise of the powers conferred on him by sections 2(7), 6(2), (3), 15(3), 16(6), 17, 31, 34 and 43 of and paragraph 11 of Schedule 1 to the Legal Aid Act 1988f1 and all other powers enabling him in that behalf, after consulting the General Council of the Bar, the Law Society, the Supreme Court Rule Committee, the County Court Rule Committee, the Matrimonial Causes Rule Committee and the Magistrates' Courts Rule Committee and with the consent of the Treasury, hereby makes the following Regulations:–

Annotations to the whole text

Footnotes

f1

1988 c. 34; section 43 is an interpretation provision and is cited because of the meanings assigned to the words “prescribed” and “regulations”.

Contents

  1. Part I: GENERAL
  2. 1Citation, commencement, revocations and transitional provisions
  3. 2Scope
  4. 3Interpretation
  5. 4Area committees, Area Directors and legal aid areas
  6. 5Powers exercisable by courts
  7. 6Powers exercisable by Area Directors
  8. 7Computation of time
  9. 8Service of notices
  10. 9Availability of documents to the court
  11. Part II: APPLICATIONS FOR CERTIFICATES
  12. 10Applications to be made to Area Directors
  13. 11Form and lodgment of application
  14. 12Contents of application
  15. 13Applications by persons resident outside United Kingdom
  16. 14Child Abduction and Custody Act 1985
  17. 15Registration of certain foreign orders and judgments
  18. 16Application on behalf of minors and patients
  19. 17Power to transfer application to another area office
  20. 18Reference to the assessment officer for assessment of resources
  21. Part III: EMERGENCY CERTIFICATES
  22. 19Application for emergency certificate
  23. 20Refusal of emergency certificate
  24. 21Issue and effect of emergency certificate
  25. 22Duration of emergency certificate
  26. 23Merger in substantive certificate
  27. 24Extension and expiry of emergency certificate
  28. 25Notification of extension of emergency certificate
  29. Part IV: DETERMINATION OF APPLICATIONS
  30. 26Power to notify other parties of application
  31. 27Financial eligibility
  32. 28Eligibility on the merits
  33. 29Refusal where advantage trivial or on account of nature of proceedings
  34. 30Refusal where other rights or facilities available
  35. 31Determination of contribution
  36. 32Proceedings in which others have an interest
  37. 33Application in representative, fiduciary or official capacity
  38. Part V: REFUSAL OF APPLICATIONS
  39. 34Notification of refusal
  40. 35Right of appeal against refusal
  41. 36Time and form of appeal
  42. 37Nature of appeal
  43. 38Representation at appeal or other final application
  44. 39Determination of appeal
  45. 40Repeated refusal of certificates
  46. 41Power to make prohibitory directions
  47. Part VI: ISSUE AND EFFECT OF CERTIFICATES
  48. 42Issue of certificate where no contribution may be payable
  49. 43Offer of certificate where contribution payable
  50. 44Undertaking to account for sums received from third parties
  51. 45Acceptance and issue of certificate where contribution payable
  52. 46Scope of certificates
  53. 47Certificates to specify parties to proceedings
  54. 48Power to restrict costs allowable to distant solicitor
  55. 49Effect of certificates
  56. 50Notification of issue of certificates
  57. Part VII: AMENDMENT OF CERTIFICATE AND ADJUSTMENT OF CONTRIBUTION
  58. 51Power to amend certificates
  59. 52Power to alter contribution and amend certificate
  60. 53Making and determination of applications for amendment
  61. 54Procedure on issue of amendment
  62. 55Right to show cause on application to remove limitation
  63. 56Procedure on refusal of amendment
  64. 57Right of appeal against refusal of amendment
  65. 58Determination of appeal against refusal of amendment
  66. Part VIII: AUTHORITY TO INCUR COSTS
  67. 59Instructing counsel
  68. 60Power of Board to give general authority
  69. 61Other cases where authority may be sought
  70. 62Reasons to be given for refusing authority
  71. 63Effect of obtaining and failing to obtain authority
  72. 64Restriction on payment otherwise than from the fund
  73. Part IX: CONDUCT OF PROCEEDINGS
  74. 65Restrictions on entrusting case to others
  75. 66Duty to report changes of circumstances
  76. 67Duty to report abuse of legal aid
  77. 68Power of court to refer abuse to Area Director
  78. 69Duty to report on refusing or giving up case
  79. 70Duty to report progress of proceedings
  80. 71Duty to report death, etc., of assisted person
  81. 72Duty to report completion of case
  82. 73Privilege, etc., not to prevent disclosure
  83. Part X: REVOCATION AND DISCHARGE OF CERTIFICATES
  84. 74Effect of revocation or discharge
  85. 75Revocation or discharge of emergency certificate
  86. 76Discharge of certificate on financial grounds
  87. 77Discharge on the merits
  88. 78Power to revoke or discharge for abuse of legal aid
  89. 79Power to revoke or discharge for failure to provide information etc.
  90. 80Further power to discharge
  91. 81Opportunity to show cause against revocation or discharge
  92. 82Notification of revocation or discharge
  93. 83Effect of revocation or discharge on retainer
  94. 84Costs to be taxed or assessed on revocation or discharge
  95. 85Operation of statutory charge
  96. 86Right to recover costs and contribution
  97. Part XI: PROPERTY AND COSTS RECOVERED FOR ASSISTED PERSONS
  98. 87Money recovered to be paid to solicitor or the Board
  99. 88Notice to trustee in bankruptcy, etc.
  100. 89Exceptions to regulation 87
  101. 90Solicitor to pay moneys recovered to the Board
  102. 91Enforcement of orders, etc., in favour of assisted person
  103. 92Retention and payment out of moneys by the Board
  104. 93Operation of the statutory charge on moneys in court
  105. 94Exemptions from the statutory charge
  106. 95Vesting and enforcement of charges
  107. 96Postponement of enforcement of charges over money
  108. 97Postponement of enforcement of charges over land
  109. 98Substitution of charged property
  110. 99Payment and recovery of interest
  111. Part XII: COSTS OF ASSISTED PERSONS
  112. 100Payment on account
  113. 101Payment on account of disbursements, in cases of hardship, etc
  114. 102Deferment of solicitor’s profit costs
  115. 103Legal aid granted after costs incurred
  116. 104Remuneration of counsel and solicitors in the Crown Court and magistrates' courts
  117. 105Assessment of costs
  118. 106Agreement in respect of costs
  119. 107Taxation of costs
  120. 108Failure to apply for taxation
  121. 109Disallowance or reduction of costs
  122. 110Solicitor’s duty to safeguard the interests of the fund
  123. 111Costs of applications, reports, etc., under these Regulations
  124. 112Duty to inform counsel
  125. 113Application to carry in objections to the taxation
  126. 114Application to judge to review taxation
  127. 115Appeal from review of taxation
  128. 116Counsel dissatisfied with taxation
  129. 117Objection by other party
  130. 118Assisted person having no interest or adverse interest in taxation
  131. 119Assisted person having financial interest in taxation
  132. 120Costs to be paid out of the fund
  133. 121Time limits, etc.
  134. 122Appointment of solicitor to intervene
  135. Part XIII: COSTS AWARDED AGAINST AN ASSISTED PERSON
  136. 123Security for costs given by assisted person
  137. 124Assisted person’s liability for costs
  138. 125Affidavit of means by unassisted party
  139. 126Determination of liability for costs
  140. 127Postponement, adjournment or referral of determination
  141. 128Oral examination of parties
  142. 129Order for costs
  143. 130Variation of order for costs
  144. 131Assisted person acting in representative, fiduciary or official capacity
  145. 132Assisted person a minor
  146. 133Order against next friend or guardian ad litem
  147. Part XIV: COSTS OF UNASSISTED PARTIES OUT OF THE FUND
  148. 134Time and form of application
  149. 135Unassisted party acting in representative, fiduciary or official capacity
  150. 136Appearance by unassisted party and Area Director
  151. 137Applications in respect of magistrates' court proceedings
  152. 138Applications in respect of county court proceedings
  153. 139Procedure where application referred to registrar for determination
  154. 140Reference to registrar for inquiry and report
  155. 141Procedure on inquiry and report
  156. 142Procedure where application adjourned
  157. 143Applications in respect of proceedings in the Supreme Court and House of Lords
  158. 144Procedure where application referred to master for determination
  159. 145Reference to master for inquiry and report
  160. 146Procedure on inquiry and report
  161. 147Procedure where application adjourned
  162. Part XV: PARTICULAR COURTS AND TRIBUNALS
  163. 148The Lands Tribunal
  164. 149The Employment Appeal Tribunal
  165. 150The Commons Commissioners
  166. 151The Restrictive Practices Court
  167. Signature
  168. Schedule 1REGULATIONS REVOKED
  169. Schedule 2: MATTERS TO BE INCLUDED IN AN AFFIDAVIT OF COSTS AND RESOURCES
  170. 1Paragraph 1
  171. 2Paragraph 2
  172. 3Paragraph 3
  173. 4Paragraph 4
  174. 5Paragraph 5
  175. 6Paragraph 6
  176. 7Paragraph 7
  177. Explanatory note