OpenLegislation

The Legal Aid (Information about Financial Resources) (Amendment) Regulations 2013

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

Draft 2013, ISBN 9780111539439

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 41(6) and (7)(h) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, for approval by resolution of each House of Parliament.

Legal Aid And Advice, England And Wales

Made ***

Coming into force in accordance with regulation 1

The Lord Chancellor makes the following Regulationsf1 in exercise of the powers conferred by section 22(3)(f) and (8)f2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012f3.

In accordance with section 41(6) and (7)(h) of that Act, a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

Section 42(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) provides that in Part 1 of that Act “regulations” means regulations made by the Lord Chancellor.

f2

Section 22(8) includes a definition of “benefit status”. This means, in relation to an individual, whether or not the individual is in receipt of a prescribed benefit. Section 42(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 provides that in Part 1 of that Act “prescribed” means prescribed by regulations.

f3

2012 c. 10.

Contents

  1. 1Citation and commencement
  2. 2Amendments to the Legal Aid (Information about Financial Resources) Regulations 2013
  3. 3Amendments to the Legal Aid (Information about Financial Resources) Regulations 2013
  4. 4Amendments to the Legal Aid (Information about Financial Resources) Regulations 2013
  5. Signature
  6. Explanatory note

1Citation and commencement

These Regulations may be cited as the Legal Aid (Information about Financial Resources) (Amendment) Regulations 2013 and come into force on the day after the day on which they are made.

2Amendments to the Legal Aid (Information about Financial Resources) Regulations 2013

The Legal Aid (Information about Financial Resources) Regulations 2013f1 are amended as follows.

3Amendments to the Legal Aid (Information about Financial Resources) Regulations 2013

After regulation 4 insert—

“Information request: particulars contained in the register

4A.
(1)

An information request made by the relevant authority to the Secretary of State under section 22(1)(a) of the Act may include a request for the disclosure of register information.

(2)

In this regulation—

  • “register” and “registered keeper” have the meaning given in regulation 3(1) of the Road Vehicles (Registration and Licensing) Regulations 2002f1;

  • “register information” means, in relation to any registration mark—

    1. (a)

      whether a particular relevant individual is the registered keeper of the vehicle identified by that registration mark; and

    2. (b)

      if the relevant individual is the registered keeper of that vehicle, any particulars contained in the register in relation to that registration mark;

  • “registration mark” has the meaning given in section 23(1) of the Vehicle Excise and Registration Act 1994f2.”

4Amendments to the Legal Aid (Information about Financial Resources) Regulations 2013

In the Schedule, at the end insert—

“29

Armed forces independence payment payable under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011f1.”.

Signature

Signed by the authority of the Lord Chancellor

Minister of State

Ministry of Justice

Date

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Legal Aid (Information about Financial Resources) Regulations 2013 (S.I. 2013/628 – “the 2013 Regulations”), which make provision in relation to information requests under section 22 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Regulation 3 inserts new regulation 4A into the 2013 Regulations, which enables the relevant authority (in practice, the Director of Legal Aid Casework) to request from the Driver and Vehicle Licensing Agency register information as to whether an individual is the registered keeper of a vehicle identified by a particular Vehicle Registration Mark (VRM), and if so, any particulars contained in the register in relation to that VRM.

Regulation 4 amends the Schedule to the 2013 Regulations to provide that armed forces independence payment is a prescribed benefit for the purposes of those Regulations.