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The Criminal Defence Service (General) (No. 2) (Amendment) Regulations 2005

S.I. 2005/2784 · Made 9 October 2005

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 9th October 2005

Laid before Parliament 10th October 2005

Coming into force in accordance with regulation 1

The Secretary of State, in exercise of the powers conferred by sections 12(2)(g), 13 and 26 of the Access to Justice Act 1999f1 and now vested in himf2, makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1999 c. 22. “Prescribed” and “regulations” are defined in section 26 of the Act.

f2

By virtue of the Secretary of State for Constitutional Affairs Order 2003 (S.I.2003/1887), articles 4(1) and 9, Schedule 1 and Schedule 2, paragraph 11(1).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendments to regulation 3(2) of the 2001 Regulations (criminal proceedings)
  3. 3Amendments to regulation 3(2) of the 2001 Regulations (criminal proceedings)
  4. 4Amendments to regulation 3(2) of the 2001 Regulations (criminal proceedings)
  5. 5Amendments to regulation 3(2) of the 2001 Regulations (criminal proceedings)
  6. 6Amendments to regulation 3(2) of the 2001 Regulations (criminal proceedings)
  7. 7Amendments to regulation 5 of the 2001 Regulations (advice and assistance – financial eligibility)
  8. Signature
  9. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Criminal Defence Service (General) (No. 2) (Amendment) Regulations 2005 and shall come into force—

(a)

for the purposes of this regulation and regulations 2, 3, 5 and 7, on 31st October 2005;

(b)

for the purposes of regulation 4, on the date when sections 1G and 1H of the Crime and Disorder Act 1998f1 come into force;

(c)

for the purposes of regulation 6, on the date when section 5A of the Protection from Harassment Act 1997f2 comes into force.

(2)

In these Regulations, “the 2001 Regulations” means the Criminal Defence Service (General) (No. 2) Regulations 2001f3.

2Amendments to regulation 3(2) of the 2001 Regulations (criminal proceedings)

Regulation 3(2) of the 2001 Regulations is amended as follows.

3Amendments to regulation 3(2) of the 2001 Regulations (criminal proceedings)

For regulation 3(2)(b) substitute—

“(b)

proceedings under sections 1, 1D and 4 of the 1998 Act relating to anti-social behaviour orders;”

4Amendments to regulation 3(2) of the 2001 Regulations (criminal proceedings)

After regulation 3(2)(b) insert—

“(ba)

proceedings under sections 1G and 1H of the 1998 Act relating to intervention orders, in which an application for an anti-social behaviour order has been made ;”.

5Amendments to regulation 3(2) of the 2001 Regulations (criminal proceedings)

(1)

At the end of regulation 3(2)(h) omit “and”.

(2)

In regulation 3(2)(i) for “the making or extension of a closure order, and appeals against such an order” substitute “closure orders;”.

(3)

After regulation 3(2)(i) insert—

“(j)

proceedings under sections 20, 22, 26 and 28 of the Anti-Social Behaviour Act 2003f1 relating to parenting orders in cases of exclusion from school and parenting orders in respect of criminal conduct and anti-social behaviour;

(k)

proceedings under sections 97, 100 and 101 of the Sexual Offences Act 2003f2 relating to notification orders and interim notification orders;

(l)

proceedings under sections 104, 108, 109 and 110 of the Sexual Offences Act 2003 relating to sexual offences prevention orders and interim sexual offences prevention orders;

(m)

proceedings under sections 114, 118 and 119 of the Sexual Offences Act 2003 relating to foreign travel orders;

(n)

proceedings under sections 123, 125, 126 and 127 of the Sexual Offences Act 2003 relating to risk of sexual harm orders and interim risk of sexual harm orders;

(o)

proceedings under Part 1A of Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000f3 relating to parenting orders for failure to comply with orders under section 20 of that Act; and”.

6Amendments to regulation 3(2) of the 2001 Regulations (criminal proceedings)

After regulation 3(2)(o) insert—

“(p)

proceedings under section 5A of the Protection from Harassment Act 1997 relating to restraining orders on acquittal.”.

7Amendments to regulation 5 of the 2001 Regulations (advice and assistance – financial eligibility)

In regulation 5—

(a)

in paragraph (3), for “£192” substitute “£194”;

(b)

in paragraph (5), for “£91” substitute “£92”.

Signature

Signed by authority of the Secretary of State

Bridget Prentice

Parliamentary Under Secretary of State

Department for Constitutional Affairs

9th October 2005

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Criminal Defence Service (General) (No 2) Regulations 2001 (S.I. 2001/1437) so as to include the proceedings specified in these Regulations as criminal proceedings for the purposes of the Criminal Defence Service. The specified proceedings are ones relating to—

  • certain intervention orders under sections 1G and 1H of the Crime and Disorder Act 1998;

  • certain parenting orders under sections 20, 22, 26 and 28 of the Anti-Social Behaviour Act 2003 and Part 1A of Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000;

  • notification orders, sexual offences prevention orders and risk of sexual harm orders (and interim orders in each case) and foreign travel orders under sections 97, 100, 101, 104, 108, 109, 110, 114, 118 ,119, 123, 125, 126 and 127 of the Sexual Offences Act 2003, and

  • restraining orders on acquittal under section 5A of the Protection from Harassment Act 1997.

  • The Regulations also provide for an increase in the financial eligibility limits for advice and assistance.