# The Criminal Defence Service (Financial Eligibility) (Amendment) Regulations 2008

S.I. 2008/723 · made 12 March 2008

These Regulations amend the Criminal Defence Service (Financial Eligibility) Regulations 2006 (S.I. 2006/2492), which set out the criteria relating to financial eligibility which must be satisfied before individuals involved in criminal proceedings in a magistrates’ court may receive publicly funded representation. The Regulations increase the financial eligibility limits and cost of living allowance for applications for representation orders made on or after 7th April 2008.

Made under: Access to Justice Act 1999 (Schedule 3 paragraph 3B)

PDFs: Printed copy https://openlegislation.uk/criminal-defence-service-financial-eligibility-amendment-regulations-2008/pdf/uksi_20080723_en.pdf; Explanatory Memorandum https://openlegislation.uk/criminal-defence-service-financial-eligibility-amendment-regulations-2008/pdf/uksiem_20080723_en.pdf

## Introductory text

Legal Services Commission, England And Wales
Made 12th March 2008
Laid before Parliament 13th March 2008
Coming into force 7th April 2008
The Lord Chancellor makes these Regulations in exercise of the powers conferred by paragraph 3B(1) of Schedule 3 to the Access to Justice Act 1999.

## 1 Citation, commencement, transitional provisions and interpretation

(1) These Regulations may be cited as the Criminal Defence Service (Financial Eligibility) (Amendment) Regulations 2008 and come into force on 7th April 2008.
(2) An application for a representation order which is made before 7th April 2008 is to be dealt with as if these Regulations had not been made.
(3) In these Regulations—
(a) a reference to a regulation by number is a reference to the regulation so numbered in the Criminal Defence Service (Financial Eligibility) Regulations 2006;
(b) a reference to the Schedule is a reference to the Schedule to those Regulations.

## 2 Amendments to the Criminal Defence Service (Financial Eligibility) Regulations 2006

In regulation 9—
(a) in paragraph (2), for “£12,007” substitute “£12,475”;
(b) in paragraph (3), for “£21,487” substitute “£22,325”.

## 3 Amendments to the Criminal Defence Service (Financial Eligibility) Regulations 2006

In regulation 10—
(a) in paragraph (1), for “more than £12,007 and less than £21,487” substitute “more than £12,475 and less than £22,325”;
(b) in paragraph (2)(g)(i), for “£5,463” substitute “£5,676”;
(c) in paragraph (3), for “£3,270” substitute “£3,398”.

## 4 Amendments to the Criminal Defence Service (Financial Eligibility) Regulations 2006

In the Schedule, for “£5,463” substitute “£5,676”.

## Signature

Signed by authority of the Lord Chancellor
Hunt
Parliamentary Under Secretary of State
Ministry of Justice
12th March 2008

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the Criminal Defence Service (Financial Eligibility) Regulations 2006 (S.I. 2006/2492), which set out the criteria relating to financial eligibility which must be satisfied before individuals involved in criminal proceedings in a magistrates’ court may receive publicly funded representation. The Regulations increase the financial eligibility limits and cost of living allowance for applications for representation orders made on or after 7th April 2008.
An impact assessment has not been prepared for this instrument as it has no impact on businesses, charities or voluntary bodies.

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Source: https://www.legislation.gov.uk/uksi/2008/723 (the official version)
Page: https://openlegislation.uk/criminal-defence-service-financial-eligibility-amendment-regulations-2008
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.