Regulation 3 Interpretation

In these Regulations, unless the context otherwise requires–

• “ABWOR” means assistance by way of representation;

• “the Act” means the Legal Aid Act 1988;

• “appropriate area committee” means the area committee in whose area an application for advice and assistance, or a claim for costs has been dealt with by an Area Director;

• “area committee” has the meaning assigned to it in the Civil Legal Aid (General) Regulations 1989^f1;

• “Area Director” has the meaning assigned to it in the Civil Legal Aid (General) Regulations 1989;

• “assessed deficiency” means the amount by which the sum allowed to the solicitor by the Area Director in assessing his claim under regulation 29 exceeds any contribution payable by the client to the solicitor under section 9 of the Act together with the value of any charge arising under section 11 of the Act;

• “board of visitors” means a board of visitors appointed by the Secretary of State under section 6(2) of the Prison Act 1952^f2;

• “child” means a person under the age that is for the time being the upper limit of compulsory school age by virtue of section 35 of the Education Act 1944^f3 together with any Order in Council made under that section;

• “client” means a person seeking or receiving advice and assistance or on whose behalf advice and assistance is sought;

• “costs” means the cost of giving advice or assistance, including disbursements, charges and fees;

• “Costs Regulations” means the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989^f4;

• “extension” means the grant of prior authority to exceed the limit prescribed under section 10(1) of the Act and, where appropriate, the grant of prior authority to exceed any further limit imposed under regulation 21(3) or 22(8);

• “family credit” means family credit under the Social Security Act 1986^f5

• “fund” means the legal aid fund;

• “income support” means income support under the Social Security Act 1986;

• “patient” means a person who by reason of mental disorder within the meaning of the Mental Health Act 1983^f6 is incapable of managing and administering his property and affairs;

• “Scope Regulations” means the Legal Advice and Assistance (Scope) Regulations 1989^f7;

• “serious service offence” means an offence under any of the Army Act 1955^f8, the Air Force Act 1955^f9, or the Naval Discipline Act 1957^f10 which cannot be dealt with summarily or which appears to an interviewing service policeman to be serious;

• “volunteer” means a person who, for the purpose of assisting with an investigation, attends voluntarily at a police station or at any other place where a constable is present or accompanies a constable to a police station or any such other place without having been arrested.

Any reference in these Regulations to a regulation or Schedule by number means the regulation or Schedule so numbered in these Regulations.