Explanatory note

This instrument amends the Criminal Legal Aid (Remuneration) Regulations 2013 (S.I. 2013/435) (“the Criminal Remuneration Regulations”), which provide for the remuneration 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) (“the Act”).

The Criminal Remuneration Regulations were amended by the Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369) (“the Amending Regulations”), which were amended by the Criminal Legal Aid (Remuneration etc.) (Amendment) (No.2) Regulations 2015 (S.I. 2015/2049). The Amending Regulations amend the fees payable under the Criminal Remuneration Regulations in two respects: reducing fees under existing fee schemes (Part 2 of the Amending Regulations) and introducing new fixed fee schemes (Part 3 of the Amending Regulations), along with amendments consequential on the introduction of new contracts for the provision of services made available under sections 13, 15 and 16 of the Act. Part 3 also makes a number of minor clarificatory amendments to the Criminal Remuneration Regulations. Part 2 of the Amending Regulations came into force on 1 July 2015; Part 3 was originally due to come into force on 11 January 2016 but, by virtue of S.I. 2015/2049, comes into force on 1 April 2016.

Subject to the exceptions in regulation 3, regulation 2 of this instrument revokes regulations 1(2)(b) and 2(2) and Part 3 of, and Schedules 4 to 13 to, the Amending Regulations and S.I. 2015/2049. The effect of these revocations is that the fixed fee schemes provided for by Part 3 of the Amending Regulations will not come into force. Regulation 3 ensures that the minor clarifications to the Criminal Remuneration Regulations in regulation 6 of the Amending Regulations (amendments to the Criminal Remuneration Regulations) are not revoked.

Regulation 4 of, and Schedules 1 to 3 to, this instrument amend the existing fee schemes by increasing the fees for advice, assistance and representation made available under sections 13, 15 and 16 of the Act.

The instrument does not apply to work done pursuant to a determination under section 13, 15 or 16 of the Act made before 1st April 2016.

A full impact assessment of the effect of the policy the implementation of which is revoked in part by this instrument on the costs of the private, voluntary and public sectors was produced with the Government’s response to the Transforming Legal Aid: Next Steps consultation, published on 27th February 2014, and is available at https://consult.justice.gov.uk/.