# The Legal Advice and Assistance (Duty Solicitor) (Remuneration) (Amendment) Regulations 1991

S.I. 1991/528 · made 7 March 1991

These Regulations amend the Legal Advice and Assistance (Duty Solicitor) (Remuneration) Regulations 1989 by allowing a determining officer, where a solicitor has failed without good reason to comply with the time limit for submitting a claim for remuneration, to extend the time but with a discretion to reduce the amount payable.

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

## Introductory text

LEGAL AID AND ADVICE, ENGLAND AND WALES
Made 7th March 1991
Laid before Parliament 11th March 1991
Coming into force 1st April 1991
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 with 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 (Duty Solicitor) (Remuneration) (Amendmcnt) Regulations 1991 and shall come into force on 1st April 1991.

## 2 

(1) At the end of regulation 4(3) of the Legal Advice and Assistance (Duty Solicitor) (Remuneration) Regulations 1989 there shall be inserted the folllowing new paragraph—
“(4) Where the solicitor without good reason has failed (or, if an extension were not granted, would fail) to comply with the time limit, the determining officer may, in exceptional circumstances, extend the time limit and shall consider whether it is reasonable in the circumsttnces to reduce the costs; provided that costs shall not be reduced unless the solicitor has been allowed a reasonable opportunity to show cause orally or in writing why the costs should not be reduced.”

## Signature

Mackay of Clashfern, C.
Dated 6th March 1991
We consent,
Sydney Chapman
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 1991

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the Legal Advice and Assistance (Duty Solicitor) (Remuneration) Regulations 1989 by allowing a determining officer, where a solicitor has failed without good reason to comply with the time limit for submitting a claim for remuneration, to extend the time but with a discretion to reduce the amount payable.

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Source: https://www.legislation.gov.uk/uksi/1991/528 (the official version)
Page: https://openlegislation.uk/legal-advice-and-assistance-duty-solicitor-remuneration-amendment-regulations-1991
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.