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The Legal Advice and Assistance (Scope) (Amendment) (No. 2) Regulations 1997

S.I. 1997/1731 · Made 18 July 1997

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 18th July 1997

Coming into force 19th July 1997

The Lord Chancellor, in exercise of the powers conferred on him by sections 8 and 43 of the Legal Aid Act 1988f1, hereby makes the following Regulations of which a draft has, in accordance with section 36(3)(b) of that Act, been laid before and approved by resolution of each House of Parliament:—

Annotations to the whole text

Footnotes

f1

1988 c. 34; section 43 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraphs 60. 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 the Legal Advice and Assistance (Scope) Regulations 1989
  4. 4Amendments to the Legal Advice and Assistance (Scope) Regulations 1989
  5. Signature
  6. Explanatory note

1Citation and commencement

These Regulations may be cited as the Legal Advice and Assistance (Scope) (Amendment) (No. 2) Regulations 1997 and shall come into force on the day following that on which they are made.

2Interpretation

In these Regulations a reference to any regulation by number alone means the regulation so numbered in the Legal Advice and Assistance (Scope) Regulations 1989f1, and a reference to the Arrangement of Regulations means the Arrangement of Regulations at the beginning of those regulations.

3Amendments to the Legal Advice and Assistance (Scope) Regulations 1989

In the Arrangement of Regulations, after the entry relating to regulation 4 there shall be inserted:—

“4A

Services under contracts and grants.”

4Amendments to the Legal Advice and Assistance (Scope) Regulations 1989

After regulation 4 there shall be inserted the following:—

“Services under contracts and grants

4A
(1)

Advice and assistance provided under a contract or grant to which this regulation applies are excluded from Part III of the Act.

(2)

This regulation applies to any contract or grant under Part II of the Act which—

(a)

secures the provision of advice and assistance under Part II of the Act, and

(b)

does not relate to the provision of advice, assistance or representation under any other Part of the Act.”.

Signature

Irvine of Lairg, C.

Dated 18th July 1997

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Legal Advice and Assistance (Scope) Regulations so as to exclude advice and assistance provided by solicitors and advice agencies under pilot schemes within Part II of the Legal Aid Act 1988 from the provisions of Part III of that Act. It does not affect Green Form advice or ABWOR provided by franchisees.