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The Criminal Defence Service (Information Requests) (Amendment) Regulations 2010

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2010, ISBN 9780111491737

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.

Draft Regulations laid before Parliament under section 25(9) of the Access to Justice Act 1999, for approval by resolution of each House of Parliament.

Legal Services Commission, England And Wales

Made 2010

Coming into force in accordance with regulation 1

The Lord Chancellor makes these Regulations in exercise of the powers conferred by section 26 of, and paragraph 6(2)(f), (3)(d) and (4) of Schedule 3 to, the Access to Justice Act 1999f1.

The Commissioners for Her Majesty’s Revenue and Customs have agreed to the making of these Regulations in accordance with paragraph 6(3)(d) of Schedule 3 to that Act.

A draft of this instrument has been laid before and approved by a resolution of each House of Parliament in accordance with section 25(9) of that Act.

Annotations to the whole text

Footnotes

f1

1999 c. 22. Section 26, which was amended by section 2(6) of the Criminal Defence Service Act 2006 (c. 9), contains definitions of “regulations”, “relevant authority” and “prescribed”. The reference to the Lord Chancellor in the definition of “regulations” was changed to the Secretary of State by S.I. 2003/1887 and changed back to the Lord Chancellor by S.I. 2005/3429. Paragraph 6 was inserted by section 57 of the Criminal Justice and Immigration Act 2008 (c. 4) and amended by section 151 of the Coroners and Justice Act 2009 (c. 25).

Contents

  1. 1Citation and commencement
  2. 2Amendments to the Criminal Defence Service (Information Requests) Regulations 2009
  3. 3Amendments to the Criminal Defence Service (Information Requests) Regulations 2009
  4. 4Amendments to the Criminal Defence Service (Information Requests) Regulations 2009
  5. 5Amendments to the Criminal Defence Service (Information Requests) Regulations 2009
  6. Signature
  7. Explanatory note

1Citation and commencement

These Regulations may be cited as the Criminal Defence Service (Information Requests) (Amendment) Regulations 2010 and come into force on the day after the day on which they are made.

2Amendments to the Criminal Defence Service (Information Requests) Regulations 2009

The Criminal Defence Service (Information Requests) Regulations 2009f1 are amended as follows.

3Amendments to the Criminal Defence Service (Information Requests) Regulations 2009

In regulation 1(3) for “paragraph 2A of Schedule 3 to” substitute “section 17Af1 of, or, as the case may be, paragraph 2A of Schedule 3 to,”.

4Amendments to the Criminal Defence Service (Information Requests) Regulations 2009

In regulation 2—

(a)

omit paragraph (a);

(b)

in paragraph (b) after “name” insert “(and any previous names)”.

5Amendments to the Criminal Defence Service (Information Requests) Regulations 2009

In regulation 3—

(a)

omit paragraph (e);

(b)

in paragraph (f) after “name” insert “(and any previous names)”.

Signature

Name

Parliamentary Under Secretary of State

Ministry of Justice

Date

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Criminal Defence Service (Information Requests) Regulations 2009, which set out information which may be sought in a request to the Commissioners for Her Majesty’s Revenue and Customs and the Secretary of State relating to financial eligibility for criminal legal aid. These Regulations provide that that information may also be sought in a request relating to liability to an order for a contribution towards the payment of criminal legal aid (regulation 3). This provision is consequential on an amendment to the provisions on contribution orders in the Access to Justice Act 1999 made by section 151 of the Coroners and Justice Act 2009. The Regulations also make minor amendments consequential on the amendments in section 151 (regulations 4 and 5).

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