Explanatory note

These Regulations amend the Criminal Defence Service (Financial Eligibility) Regulations 2006 (S.I. 2006/2492), which relate to financial eligibility for publicly funded representation in criminal proceedings in magistrates’ courts.

Regulation 3 provides that all individuals who are under 18 are to be treated as financially eligible for a representation order. Regulations 4 and 5 confer on the authority which reviews decisions on financial eligibility an additional power, to quash the decision, and enable the individual, where the authority exercises this power, to re-apply for a representation order. Regulation 2 adds a reference, relevant to the definition of gross annual income, to the Independent Living Fund (2006), to which the Secretary of State may make grants under section 1 of the Disability Grants Act 1993 (c. 14) (as amended by section 61 of the Welfare Reform Act 2007 (c.5)).

An impact assessment has not been produced for this instrument as no impact on businesses, charities or voluntary bodies is foreseen.