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The Legal Advice and Assistance (Amendment) Regulations 1994

S.I. 1994/805 · Made 17 March 1994

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 17th March 1994

Laid before Parliament 21st March 1994

Coming into force 11th April 1994

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, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1988 c. 34; sections 9, 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 meanings assigned to the words “prescribed” and “regulations”.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Transitional Provisions
  4. 4Amendments of the Legal Advice and Assistance Regulations 1989
  5. 5Amendments of the Legal Advice and Assistance Regulations 1989
  6. 6Amendments of the Legal Advice and Assistance Regulations 1989
  7. 7Amendments of the Legal Advice and Assistance Regulations 1989
  8. Signature
  9. Explanatory note

1Citation and commencement

These Regulations may be cited as the Legal Advice and Assistance (Amendment) Regulations 1994 and shall come into force on 11th April 1994.

2Interpretation

In these Regulations a regulation referred to by number alone means a regulation so numbered in the Legal Advice and Assistance Regulations 1989f1.

3Transitional Provisions

These Regulations shall apply to applications for advice and assistance made on or after 11th April 1994 and applications made before that date shall be treated as if these Regulations had not come into force.

4Amendments of the Legal Advice and Assistance Regulations 1989

In the Arrangement of Regulations, after the reference to regulation 5 there shall be inserted the following:—

“5A

ABWOR in proceedings before a Mental Health Review Tribunal.”.

5Amendments of the Legal Advice and Assistance Regulations 1989

After regulation 5 there shall be inserted the following:—

“ABWOR in proceedings before a Mental Health Review Tribunal

5A

ABWOR to which Part III of the Act applies by virtue of regulation 9(a) of the Scope Regulationsf1 (proceedings before a Mental Health Review Tribunal) shall be available without reference to the client’s financial resources.”.

6Amendments of the Legal Advice and Assistance Regulations 1989

Regulation 11 shall be amended by substituting “£70” for “£61” in paragraph (1), and “£153” for “£147” in paragraph (2).

7Amendments of the Legal Advice and Assistance Regulations 1989

Regulation 12 shall be amended as follows:—

(a)

in paragraphs (1), (2) and (5) for “£61” there shall be substituted “£63”;

(b)

in paragraph (1) for “£147” there shall be substituted “£153”;

(c)

in paragraph (5) after “contribution” there shall be inserted “towards the cost of ABWOR”;

(d)

after paragraph (5) there shall be inserted the following:—

“(6)

A client shall in no case be liable to pay any contribution towards the cost of advice and assistance other than ABWOR.”.

Signature

Mackay of Clashfern, C.

Dated 14th March 1994

We consent,

Andrew Mackay

Irvine Patnick

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 17th March 1994

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Legal Advice and Assistance Regulations 1989 by—

(1)

abolishing the means test for assistance by way of representation in proceedings before a Mental Health Review Tribunal;

(2)

increasing the income limit for eligibility for legal advice and assistance (other than by way of representation) from £61 to £70 per week;

(3)

increasing the income limit for non-contributory assistance by way of representation from £61 to £63 per week;

(4)

increasing the income limit for eligibility for assistance by way of representation from £147 to £153 per week.