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The Criminal Legal Aid (Coronavirus, Remuneration) (Amendment) Regulations 2020

S.I. 2020/472 · Made 28 April 2020

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 Aid And Advice, England And Wales

Made 28th April 2020

Laid before Parliament 30th April 2020

Coming into force 1st May 2020

The Lord Chancellor makes these Regulations in exercise of the powers conferred by sections 2(3), 41(1) and (3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012f1.

Annotations to the whole text

Footnotes

f1

2012 c.10

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Criminal Legal Aid (Remuneration) Regulations 2013
  3. 3Transitional provision
  4. Signature
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the Criminal Legal Aid (Coronavirus, Remuneration) (Amendment) Regulations 2020 and come into force on 1st May 2020.

2Amendment of the Criminal Legal Aid (Remuneration) Regulations 2013

(1)

The Criminal Legal Aid (Remuneration) Regulations 2013f1 are amended as follows.

(2)

In regulation 21 (hardship payments)—

(a)

in paragraph (2)(b), for “six months” substitute “one month”; and

(b)

in paragraph (6), for “£5,000” substitute “£450”.

3Transitional provision

The amendments made by these Regulations apply only in respect of applications for a hardship payment made on or after the day on which these Regulations come into force.

Signature

Alex Chalk

Parliamentary Under Secretary of State

Ministry of Justice

28th April 2020

Explanatory note

(This note is not part of the Regulations)

These Regulations amends regulation 21 of the Criminal Legal Aid (Remuneration) Regulations 2013 (S.I. 2013/435) (the “Remuneration Regulations”).

The Remuneration Regulations provide for the remuneration of litigators and advocates in respect of advice, assistance and representation made available under sections 13, 15 and 16 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10). In particular, regulation 21 of the Remuneration Regulations provides the circumstances under which litigators and advocates may be paid hardship payments.

Regulation 2 reduces the time period which must pass before a litigator or advocate may apply for a hardship payment from six months after instruction to one month after instruction, and reduces the minimum value at which a hardship payment may be paid from £5,000 to £450.

Regulation 3 provides that these Regulations will apply only to applications for a hardship payment made on, or after, the day on which these Regulations come into force.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.