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The Criminal Defence Service (Recovery of Defence Costs Orders) (Amendment) Regulations 2009

S.I. 2009/3352 · Made 15 December 2009

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 15th December 2009

Laid before Parliament 21st December 2009

Coming into force 11th January 2010

The Lord Chancellor makes the following Regulations in exercise of the powers conferred by sections 17(3) and 26 of the Access to Justice Act 1999f1.

Annotations to the whole text

Footnotes

f1

1999 c.22. “Regulations” is defined in section 26 of the Act. The reference to the Lord Chancellor in that section was changed to the Secretary of State by S.I. 2003/1887 and changed back to the Lord Chancellor by S.I. 2005/3429.

Contents

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

1Citation and commencement

These Regulations may be cited as the Criminal Defence Service (Recovery of Defence Costs Orders) (Amendment) Regulations 2009 and come into force on 11th January 2010.

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

In regulation 4 of the Criminal Defence Service (Recovery of Defence Costs Orders) Regulations 2001f1—

(a)

in paragraph (1), for “or (4)” substitute “(4) or (5)”;

(b)

after paragraph (4) insert—

“(5)

An RDCO shall not be made where an assessment has been made under regulation 6(1) of the Criminal Defence Service (Contribution Orders) Regulations 2009f2.”.

Signature

Signed by authority of the Lord Chancellor

Bach

Parliamentary Under Secretary of State

Ministry of Justice

15th December 2009

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Criminal Defence Service (Recovery of Defence Costs Orders) Regulations 2001 to provide that the court may not make a recovery of defence costs order against an individual who has publicly funded legal representation where the individual has already been assessed for liability to make payments towards the costs of that representation.

An impact assessment relating to the introduction of means testing in the Crown Court is available from Criminal Legal Aid Strategy Division, Ministry of Justice, 102 Petty France, London SW1H 9AJ or atwww.justice.gov.uk.