# The Legal Advice and Assistance (Amendment) (No. 2) Regulations 1991

S.I. 1991/2305 · made 17 October 1991

These Regulations amend the Legal Advice and Assistance Regulations 1989 by increasing the rate of remuneration in respect of advice by way of representation (ABWOR) in respect of proceedings before Mental Health Review Tribunals.

Made under: Legal Aid Act 1988 (Section 9, Section 34, Section 43)

## Introductory text

LEGAL AID AND ADVICE, ENGLAND AND WALES
Made 17th October 1991
Laid before Parliament 21st October 1991
Coming into force 11th November 1991
The Lord Chancellor, in exercise of the powers conferred on him by sections 9, 34 and 43 of the Legal Aid Act 1988, having had regard to the matters specified in section 34(9) and consulted the General Council of the Bar and the Law Society, and with the consent of the Treasury, hereby makes the following Regulations:—

## 1 Citation, commencement and transitional provisions

(1) These Regulations may be cited as the Legal Advice and Assistance (Amendment) (No. 2) Regulations 1991 and shall come into force on 11th November 1991.
(2) Regulations 3 and 4 shall apply to any assessment or review of a claim for costs made in respect of work done on or after 11th November 1991 and costs payable in respect of work done before that date shall be assessed or reviewed as if these Regulations had not been made.

## 2 Interpretation

In these Regulations a regulation or Schedule referred to by number means a regulation or Schedule so numbered in the Legal Advice and Assistance Regulations 1989.

## 3 Amendment to the Legal Advice and Assistance Regulations 1989

In regulation 30—
(a) in paragraph (1) for “paragraph (2)” there shall be substituted “paragraphs (2) and (3)”;
(b) after paragraph (2) there shall be inserted the following new paragraph—
“(3) Where the claim is in respect of ABWOR to which Part III of the Act applies by virtue of regulation 9(a) of the Scope Regulations, paragraph (1) shall apply as if Schedule 6 to these Regulations were substituted for Schedule 1, Part I, paragraph 1(1)(a) to the Costs Regulations.”.

## 4 Amendment to the Legal Advice and Assistance Regulations 1989

After Schedule 5 there shall be inserted the following new Schedule—
“SCHEDULE 6
FEES FOR ABWOR IN MENTAL HEALTH REVIEW TRIBUNALS
Regulation 30(3)
Class of work
Rate
Preparation
£50.50 per hour—
(£54 per hour for a fee-earner whose office is situated within legal aid area 1)
Advocacy £
61 per hour
Attendance at court where counsel assigned
£28.50 per hour
Travelling and waiting
£23.50 per hour
Routine letters written and routine telephone calls
£3.60 per item
”

## Signature

Mackay of Clashfern, C.
Dated 15th October 1991
We consent,
Irvine Patnick
Gregory Knight
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 17th October 1991

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the Legal Advice and Assistance Regulations 1989 by increasing the rate of remuneration in respect of advice by way of representation (ABWOR) in respect of proceedings before Mental Health Review Tribunals.

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Source: https://www.legislation.gov.uk/uksi/1991/2305 (the official version)
Page: https://openlegislation.uk/legal-advice-and-assistance-amendment-no-2-regulations-1991
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.