# The Legal Advice and Assistance at Police Stations (Remuneration) (Amendment) Regulations 1994

S.I. 1994/1824 · made 5 July 1994

These Regulations amend the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989 to take account of the Legal Aid Board’s franchising scheme. The Board has power under section 4 of the Legal Aid Act 1988 to enter into contracts for the provision of advice and assistance. The amendments—enable a franchisee to exceed the limit on fees where he certifies that more advice and assistance was required as a matter of urgency, anddisapply the reduction of fees for availability where the duty solicitor franchisee is allowed other fees under these Regulations relating to the same duty period.

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

## Introductory text

LEGAL AID AND ADVICE, ENGLAND AND WALES
Made 5th July 1994
Laid before Parliament 11th July 1994
Coming into force 1st August 1994
The Lord Chancellor, in exercise of the powers conferred on him by sections 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 

These Regulations may be cited as the Legal Advice and Assistance at Police Stations (Remuneration) (Amendment) Regulations 1994 and shall come into force on 1st August 1994.

## 2 

In these Regulations a regulation referred to by number alone means a regulation so numbered in the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989 and a reference to a Schedule means the Schedule to those Regulations.

## 3 Amendment of the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989

Regulation 2 shall be amended by inserting—
(a) after the definition of “business day” the following definition:—
““contract” means a contract entered into by the Board with other persons or bodies pursuant to its powers under section 4 of the Act;”;
(b) after the definition of “duty solicitor scheme” the following definition:—
““franchisee” means a person or body (other than the Board) acting under the terms of a franchising contract;”.

## 4 Amendment of the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989

Regulation 5 shall be amended as follows:—
(a) by substituting in paragraph (5) for “Subject to paragraph (6)” the words “Subject to paragraphs (6) and (7)”;
(b) by inserting after paragraph (6) the following paragraph:—
“(7) Paragraph (5) shall not apply where a franchisee certifies that advice and assistance was required in the interests of justice to be given as a matter of urgency.”.

## 5 Amendment of the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989

In the Schedule, paragraph 2 shall be amended as follows:—
(a) by inserting at the beginning “—(1) Subject to sub-paragraph (2),”;
(b) by adding at the end the following new sub-paragraph:—
“(2) Sub-paragraph (1) shall not apply where the duty solicitor is a franchisee providing advice and assistance under a franchising contract.”.

## Signature

Mackay of Clashfern, C.
Dated 1st July 1994
We consent,
Tim Wood
Andrew Mackay
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 5th July 1994

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989 to take account of the Legal Aid Board’s franchising scheme. The Board has power under section 4 of the Legal Aid Act 1988 to enter into contracts for the provision of advice and assistance. The amendments—
(1) enable a franchisee to exceed the limit on fees where he certifies that more advice and assistance was required as a matter of urgency, and
(2) disapply the reduction of fees for availability where the duty solicitor franchisee is allowed other fees under these Regulations relating to the same duty period.

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Source: https://www.legislation.gov.uk/uksi/1994/1824 (the official version)
Page: https://openlegislation.uk/legal-advice-and-assistance-at-police-stations-remuneration-amendment-regulations-1994
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.