Explanatory note

These Regulations amend the Criminal Defence Service (General) (No. 2) Regulations 2001 (S.I.2001/1437) (“the 2001 Regulations”).

Regulation 2 provides that orders for closure of a property under section 2 of the Anti-social Behaviour Act 2003 (c. 38), for an extension of the period for closure under section 5, or an appeal against such a closure or extension under section 6 of that Act are criminal proceedings for the purposes of section 12 of the Access to Justice Act 1999 (c. 22).

Regulation 3 inserts a new regulation 4A into the 2001 Regulations to provide that advice given in certain circumstances before the grant of a representation order is to be funded as part of the order rather than separately under the advice and assistance scheme.

Regulation 4 inserts a new regulation 16A into the 2001 Regulations to provide that two or more co-defendants must select the same representative unless there is a conflict of interest.

Regulation 5 makes a minor amendment to clarify the position under regulation 22 of the 2001 Regulations.