The Legal Advice and Assistance (Amendment) (No. 2) Regulations 1995
S.I. 1995/949 · Made 30 March 1995
LEGAL AID AND ADVICE, ENGLAND AND WALES
Made 30th March 1995
Laid before Parliament 31st March 1995
Coming into force 24th April 1995
The Lord Chancellor, in exercise of the powers conferred on him by sections 34 and 43 of the Legal Aid Act 1988f1, having had regard to the matters specified in section 34(9) and having consulted the General Council of the Bar and the Law Society and with the consent of the Treasury, hereby makes the following Regulations:—
Annotations to the whole text
Footnotes
- f1
-
1988 c. 34; sections 34 and 43 were amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraphs 60 and 63. Section 43 is an interpretation provision and is cited because of the meaning given to “regulations”.
Contents
- 1Citation and commencement
- 2Interpretation
- 3Transitional provisions
- 4Amendments to the Legal Advice and Assistance Regulations 1989
- 5Amendments to the Legal Advice and Assistance Regulations 1989
- 6Amendments to the Legal Advice and Assistance Regulations 1989
- Signature
- Schedule Schedule
- Explanatory note
1Citation and commencement
These Regulations may be cited as the Legal Advice and Assistance (Amendment) (No. 2) Regulations 1995 and shall come into force on 24th April 1995.
2Interpretation
In these Regulations a reference to any regulation or Schedule by number alone means the regulation or Schedule so numbered in the Legal Advice and Assistance Regulations 1989f1.
3Transitional provisions
These Regulations shall apply for the purposes of work done on or after 24th April 1995 to which the Legal Advice and Assistance Regulations 1989 apply.
4Amendments to the Legal Advice and Assistance Regulations 1989
In regulation 4(1)(b), for “paragraph 1(1)(a) of Part I of Schedule 1 to the Costs Regulations” there shall be substituted “paragraph 1 (or paragraph 2 in the case of a franchisee) of Schedule 6”.
5Amendments to the Legal Advice and Assistance Regulations 1989
Regulation 30 shall be amended as follows:—
in paragraph (1)(a), the word “and” shall be omitted;
in paragraph (1)(b), the words “and paragraphs 2 and 3 of Schedule 1, Part I” shall be omitted;
the following sub-paragraph shall be added after paragraph (1)(b):—
“, and
- (c)
Schedule 6 to these Regulations shall apply instead of Part I of Schedule 1 to the Costs Regulations.”;
paragraph (3) shall be omitted.
6Amendments to the Legal Advice and Assistance Regulations 1989
The Schedule to these Regulations shall be substituted for Schedule 6.
Signature
Mackay of Clashfern, C.
Dated 29th March 1995
We consent
Timothy Wood
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 30th March 1995
“SCHEDULE 6
Regulation 30
1Subject to paragraphs 2, 3 and 4, the amount to be allowed shall be assessed at the following prescribed rates:
Class of work Rate Preparation £43.25 per hour — (£45.75 per hour for a fee-earner whose office is situated within legal aid area 1) Advocacy £54.50 per hour Attendance at court where counsel assigned £29.50 per hour Travelling and waiting £24.25 per hour Routine letters written and routine telephone calls £3.35 per item — (£3.50 per item for a fee-earner whose office is situated within legal aid area 1) 2Subject to paragraph 4, where advice and assistance is provided by a franchisee, the following rates shall apply instead of those contained in paragraph 1:
Class of work Rate Preparation £44.25 per hour — (£46.75 per hour for a fee-earner whose office is situated within legal aid area 1) Advocacy £55.50 per hour Attendance at court where counsel assigned £30.00 per hour Travelling and waiting £24.75 per hour Routine letters written and routine telephone calls £3.45 per item — (£3.60 per item for a fee-earner whose office is situated within legal aid area 1) 3Subject to paragraph 4, where the claim is in respect of ABWOR to which Part III of the Act applies by virtue of regulation 9(a) or (c) of the Scope Regulations, the following rates shall apply instead of those contained in paragraph 1:
Class of work Rate Preparation £52.00 per hour — (£55.50 per hour for a fee-earner whose office is situated within legal aid area 1) Advocacy 63.00 per hour Attendance at court where counsel assigned £29.50 per hour Travelling and waiting £24.25 per hour Routine letters written and routine telephone calls £3.70 per item 4Where the claim is in respect of ABWOR to which Part III of the Act applies by virtue of regulation 9(a) or (c) of the Scope Regulations and the work is done by a franchisee, the following rates shall apply instead of those contained in paragraphs 1, 2 and 3:
Class of work Rate Preparation £53.00 per hour — (£56.50 per hour for a fee-earner whose office is situated within legal aid area 1) Advocacy £64.25 per hour Attendance at court where counsel assigned 30.00 per hour Travelling and waiting £24.75 per hour Routine letters written and routine telephone calls £3.80 per item 5In paragraphs 1 to 4, “legal aid area” means an area specified by the Board under regulation 4(1) of the Civil Legal Aid (General) Regulations 1989f1, and legal aid area 1 means the area so numbered by the Board.”.
Explanatory note
(This note is not part of the Regulations)
These Regulations amend the Legal Advice and Assistance Regulations 1989. They set out the increased rates of remuneration payable for legal advice and assistance given on or after 24th April 1995. Higher rates are provided for franchisees.