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The Criminal Defence Service (Recovery of Defence Costs Orders) (Amendment) Regulations 2005

S.I. 2005/2783 · 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 31st October 2005

The Secretary of State, in exercise of the powers conferred upon the Lord Chancellor by sections 17(3) and 26 of the Access to Justice Act 1999 f1, and now vested in him f2, makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1999 c. 22. Section 26 was amended by the Secretary for Constitutional Affairs Order 2003 (S.I. 2003/1887), article 9, Schedule 2, paragraph 11(1)(a); see the definition of “regulations” in that section.

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)(a).

Contents

  1. 1Citation, commencement, interpretation and transitional provision
  2. 2Amendment to the Criminal Defence Service (Recovery of Defence Costs Orders) Regulations 2001
  3. Signature
  4. Explanatory note

1Citation, commencement, interpretation and transitional provision

(1)

These Regulations may be cited as the Criminal Defence Service (Recovery of Defence Costs Orders) (Amendment) Regulations 2005 and shall come into force on 31st October 2005.

(2)

In these Regulations—

(a)

a reference to a regulation by number alone is a reference to the regulation so numbered in the Criminal Defence Service (Recovery of Defence Costs Orders) Regulations 2001f1; and

(b)

words and expressions have the same meaning as in those Regulations.

(3)

Regulation 2 of these Regulations shall apply to Recovery of Defence Costs Orders in respect of representation orders made on or after 31st October 2005, and such Orders in respect of representation orders made before that date shall be treated as if Regulation 2 of these Regulations had not been made.

2Amendment to the Criminal Defence Service (Recovery of Defence Costs Orders) Regulations 2001

In regulation 9(2)(c) for “£25,000” substitute “£25,250”.

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 (Recovery of Defence Costs Orders) Regulations 2001 (S.I. 2001/856) in order to increase the level of income a funded defendant must have before his income is taken into account for the purpose of calculating his financial resources.