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The Legal Advice and Assistance (Amendment) (No. 2) Regulations 1998

S.I. 1998/2727 · Made 4 November 1998

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.

LEGAL AID AND ADVICE, ENGLAND AND WALES

Made 4th November 1998

Laid before Parliament 6th November 1998

Coming into force 1st December 1998

The Lord Chancellor, in exercise of the powers conferred on him by sections 9, 34 and 43 of the Legal Aid Act 1988f1, and with the consent of the Treasury, 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

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Amendments to Legal Advice and Assistance Regulations 1989
  4. 4Amendments to Legal Advice and Assistance Regulations 1989
  5. 5Amendments to Legal Advice and Assistance Regulations 1989
  6. 6Amendments to Legal Advice and Assistance Regulations 1989
  7. Signature
  8. Explanatory note

1Citation and commencement

These Regulations may be cited as the Legal Advice and Assistance (Amendment) (No. 2) Regulations 1998 and shall come into force on 1st December 1998.

2Interpretation

In these Regulations a reference to a regulation by number alone means the regulation so numbered, and “Arrangement of Regulations” means the Arrangement of Regulations in the Legal Advice and Assistance Regulations 1989f1.

3Amendments to Legal Advice and Assistance Regulations 1989

In regulation 7(1) for “7(2) and (4)” there shall be substituted “7(2), (4), (5) and (6)”f1.

4Amendments to Legal Advice and Assistance Regulations 1989

In regulation 22(3) for “7(2), (4) or 9” there shall be substituted “7(2), (4), (5), (6), 8A or 9”.

5Amendments to Legal Advice and Assistance Regulations 1989

In regulation 22(5) for “7(4) or 9” there shall be substituted “7(4), (5), (6), 8A or 9”.

6Amendments to Legal Advice and Assistance Regulations 1989

In regulation 22(6A):

(a)

for “7(4)” there shall be substituted “7(4), (5) or (6)”;

(b)

in sub-paragraph (b), after “is not unduly complex or” there shall be inserted “, where Part III of the Act applies by virtue of regulation 7(4) of the Scope Regulations,”.

Signature

Irvine of Lairg, C.

Dated 28th October 1998

We consent

Jim Dowd

Bob Ainsworth

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 4th November 1998

Explanatory note

(This note is not part of the Regulations)

These Regulations make amendments to the Legal Advice and Assistance Regulations 1989 as a consequence of the extension, by the Legal Advice and Assistance (Scope) (Amendment) Regulations 1998, of the scope of assistance by way of representation (ABWOR) to include various proceedings, including appeals, involving anti-social behaviour orders, sex offender orders, child safety orders and parenting orders under the Crime and Disorder Act 1998.