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The Community Legal Service (Financial) (Amendment No. 2) Regulations 2008

S.I. 2008/2703 · Made 13 October 2008

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 Services Commission, England And Wales

Made 13th October 2008

Laid before Parliament 15th October 2008

Coming into force 3rd November 2008

The Lord Chancellorf1, in exercise of the powers conferred by section 7 of the Access to Justice Act 1999f2, makes the following Regulations:

Annotations to the whole text

Footnotes

f1

The powers were conferred on the Lord Chancellor, transferred to the Secretary of State for Constitutional Affairs by the Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), and transferred back to the Lord Chancellor by the Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I. 2005/3429).

f2

1999 c. 22.

Contents

  1. 1Citation and commencement
  2. 2Citation and commencement
  3. 3Amendments to the Community Legal Service (Financial) Regulations 2000
  4. 4Amendments to the Community Legal Service (Financial) Regulations 2000
  5. Signature
  6. Explanatory note

1Citation and commencement

These Regulations may be cited as the Community Legal Service (Financial) (Amendment No. 2) Regulations 2008.

2Citation and commencement

These Regulations come into force on 3rd November 2008.

3Amendments to the Community Legal Service (Financial) Regulations 2000

The Community Legal Service (Financial) Regulations 2000f1 are amended as follows.

4Amendments to the Community Legal Service (Financial) Regulations 2000

For regulation 3(1)(e), substitute—

“(e)

Legal Help in potential proceedings, or Legal Representation in proceedings or potential proceedings, under the Mental Health Act 1983f1 or paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 1984f2, where the client’s case or application is, or is to be, the subject of proceedings before the First-tier Tribunal or the Mental Health Review Tribunal for Wales;”.

Signature

Signed on the authority of the Lord Chancellor

Bach

Parliamentary Under Secretary of State

Ministry of Justice

13th October 2008

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Community Legal Service (Financial) Regulations 2000 (S.I. 2000/627) which govern the financial aspects of the provision of services funded by the Legal Services Commission in civil and family matters.

These Regulations make a consequential amendment arising from the Tribunals, Courts and Enforcement Act 2007 (c. 15), which replaces certain individual Tribunals, including the Mental Health Review Tribunal, with a new First-tier and Upper Tribunal. The 2000 Regulations contain a reference to the Mental Health Review Tribunal, which will cease to exist under the Act. These Regulations replace this reference with a reference to the First-tier Tribunal established under the Tribunals, Courts and Enforcement Act 2007, and the Mental Health Review Tribunal for Wales, which is not part of the new Tribunals system.

A full impact assessment has not been produced for this instrument, as no impact on the private or voluntary sectors is foreseen.