OpenLegislation

The Criminal Defence Service (General) (No. 2) (Amendment) Regulations 2008

S.I. 2008/725 · Made 12 March 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 12th March 2008

Laid before Parliament 13th March 2008

Coming into force in accordance with regulation 1

The Lord Chancellor makes these Regulations in exercise of the powers conferred by sections 12(2)(g) and 13(1) of the Access to Justice Act 1999f1.

Annotations to the whole text

Footnotes

f1

1999 c.22. “Prescribed” and “regulations” are defined in section 26. The reference to the Lord Chancellor in that section was changed to the Secretary of State by the Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887) and was changed back to the Lord Chancellor by the Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I. 2005/3429).

Contents

  1. 1Citation, commencement, transitional provisions and interpretation
  2. 2Amendments to the 2001 Regulations
  3. 3Amendments to the 2001 Regulations
  4. Signature
  5. Explanatory note

1Citation, commencement, transitional provisions and interpretation

(1)

These Regulations may be cited as the Criminal Defence Service (General) (No. 2) (Amendment) Regulations 2008 and come into force—

(a)

as to this regulation and regulation 2, on 6th April 2008;

(b)

as to regulation 3, on 7th April 2008.

(2)

An application for advice and assistance which is made before 7th April 2008 is to be dealt with as if regulation 3 had not been made.

(3)

In these Regulations “the 2001 Regulations” means the Criminal Defence Service (General) (No. 2) Regulations 2001f1.

2Amendments to the 2001 Regulations

In regulation 3(2) of the 2001 Regulations—

(a)

in sub-paragraph (o) omit “and”;

(b)

after sub-paragraph (p) insert—

“(q)

proceedings before the Crown Court or the Court of Appeal relating to serious crime prevention orders and arising by virtue of section 19, 20, 21 or 24 of the Serious Crime Act 2007f1.”.

3Amendments to the 2001 Regulations

In regulation 5 of the 2001 Regulations—

(a)

in paragraph (3), for “£201” substitute “£209”;

(b)

in paragraph (5), for “£95” substitute “£99”.

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 (General) (No. 2) Regulations 2001 (S.I. 2001/1437), which deal with advice and assistance and representation in criminal cases funded by the Legal Services Commission as part of the Criminal Defence Service. They provide that for the purposes of such legal services, proceedings relating to serious crime prevention orders under the Serious Crime Act 2007 are to be regarded as criminal proceedings. They also provide for an increase in the financial eligibility limits for advice and assistance in respect of applications 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.