Regulation 4 Amendment of the Criminal Legal Aid (General) Regulations 2013

at the end of paragraph (1)(b), insert “(except the provider who, acting under an authorisation on behalf of the Director, made the determination)”;

at the beginning of paragraph (2), insert “Subject to paragraph (2A),”;

after paragraph (2), insert—

“(2A)

Where a representation order is issued by a provider, acting under an authorisation on behalf of the Director, it must specify that the determination is to be treated as having effect from the date on which the determination was made by the provider.”.

in paragraph (1), for “paragraph (2)” substitute “paragraphs (2) and (3)”;

after paragraph (2), insert—

“(3)

Where a provider, acting under an authorisation on behalf of the Director, makes a determination under section 16 of the Act in accordance with Part 3 of the Financial Resources Regulations that an individual is eligible for representation for proceedings in the magistrates’ court, paragraph (1) does not apply.”.

in sub-paragraph (b), after “determination”, insert “(except a provider who, acting under an authorisation on behalf of the Director, has withdrawn the determination)”;

at the end of sub-paragraph (c), insert “(except any such advocate who is the provider who, acting under an authorisation on behalf of the Director, has withdrawn the determination)”.

in paragraph (6), at the beginning of sub-paragraph (c), insert “subject to paragraph (6A),”;

after paragraph (6), insert—

“(6A)

Where a provider, acting under an authorisation on behalf of the Director, made the original determination, the date of any representation order issued in accordance with paragraph (6)(b) must be the date on which the original determination was made.”.