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The Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) (No. 2) Regulations 2000

S.I. 2000/1877 · Made 17 July 2000

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 July 2000

Laid before Parliament 18th July 2000

Coming into force 1st September 2000

The Lord Chancellor, in exercise of the powers conferred on him by sections 34 and 43 of the Legal Aid Act 1988f1, having had regard to the matters specified in section 34(9) and having consulted the General Council of the Bar and the Law Society and with the consent of the Treasury, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1988 c. 34; sections 34 and 43 were amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraphs 60, 62 and 63. Section 43 is cited because of the meaning given to “regulations”.

Contents

  1. 1Citation and commencement
  2. 2Transitional provisions
  3. 3Amendments to the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989
  4. Signature
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) (No. 2) Regulations 2000 and shall come into force on 1st September 2000.

2Transitional provisions

These Regulations shall apply to work done under a legal aid order made on or after 1st September 2000, and costs payable in respect of work done under a legal aid order made before that date shall be determined as if these Regulations had not come into force.

3Amendments to the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989

After paragraph (7) of regulation 9 of the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989f1 there shall be inserted the following:—

“(8)

Where

(a)

a legal aid order provides for representation by a sole advocate other than a Queen’s Counsel and a Queen’s Counsel agrees to appear as the sole advocate, or

(b)

a legal aid order provides for representation by two advocates other than Queen’s Counsel and a Queen’s Counsel agrees to appear as a leading junior

that Queen’s Counsel shall be treated for all the purposes of these Regulations as having been instructed under that order; and his remuneration shall be determined as if he were not a Queen’s Counsel.”.

Signature

Signed by authority of the Lord Chancellor

David Lock

Parliamentary Secretary

Lord Chancellor’s Department

Dated 12th July 2000

We consent

Jim Dowd

Bob Ainsworth

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 17th July 2000

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989 so that a Q.C. can agree to be instructed under a legal aid order providing for junior counsel and be remunerated at the rates applicable to junior counsel.