OpenLegislation

Article 2 Interpretation

Original text. Later amendments are not shown.

(1)

In this Order–

  • “the 1998 Act” means the Late Payment of Commercial Debts (Interest) Act 1998f1;

  • “the 1988 Act” means the Legal Aid Act 1988f2; and

  • “legal aid contract” means a contract made pursuant to the 1988 Act by the Legal Aid Boardf3 with another person or bodyf4 (in this Order referred to as “the service provider”) for the provision of one or more of the following services, that is to say, advice, assistance, mediation or representation under Part II, III, IIIA, IV or V of the 1988 Actf5.

(2)

In this Order, “advice”, “assistance”, “mediation”, “person” and “representation” have the same meanings as in the 1988 Actf6.

Annotations

Footnotes

f1

1998 c. 20.

f2

1988 c. 34.

f3

The Legal Aid Board was established by section 3 of the 1988 Act.

f4

Section 4(4) of the 1988 Act refers to “other persons or bodies”, and “person” is defined in section 2(10). Contracts may be made with not for profit organisations in addition to solicitors.

f5

At the time of making this Order, contracts for the provision of advice, assistance and representation are made pursuant to the Lord Chancellor’s directions of 1st July 1994 (franchise agreements) and 21st July 1993 (multi party action contracts) given under section 4(4) of the 1988 Act. As regards representation under Part IV (Civil Legal Aid) provision under contract is only in the classes of case prescribed in regulations made under section 4(5). At the time of making this Order the classes of case are prescribed in regulation 152 of the Civil Legal Aid Regulations 1989 (S.I. 1989/389). Regulation 152 was substituted by regulation 24 of the Civil Legal Aid (General) (Amendment) (No. 2) Regulations 1994 (S.I. 1994/1822); there are other amendments to S.I. 1989/389 not relevant to this Order.

f6

The terms referred to are defined in section 2 of the 1988 Act; “assistance” includes assistance by way of representation.