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The Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 3) Regulations 2000

S.I. 2000/2226 · Made 10 August 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 10th August 2000

Laid before Parliament 17th August 2000

Coming into force 2nd October 2000

The Lord Chancellor, in exercise of the powers conferred on him by sections 21, 23, 34 and 43 of the Legal Aid Act 1988f1, 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 and 63. Section 43 is an interpretation provision and is cited because of the meaning given to “regulations”.

Contents

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

1Citation and commencement

These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 3) Regulations 2000 and shall come into force on 2nd October 2000.

2Interpretation

In these Regulations a reference to any regulation or Schedule by number alone means the regulation or Schedule so numbered in the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989f1.

3Transitional provisions

These Regulations shall apply to applications for legal aid made on or after 2nd October 2000, and applications before that date shall be treated as if these Regulations had not come into force.

4Amendments to the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989

In the Arrangement of Regulations, after the entry for regulation 3 there shall be inserted:—

“3A

Cases where assessment of financial resources is not required.”

5Amendments to the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989

After regulation 3 there shall be inserted the following new regulation:—

“Cases where assessment of financial resources is not required

3A

In the circumstances set out in regulation 4(2) and (3) of the Legal Aid Act 1988 (Modification) Regulations 2000f1 the following provisions of these Regulations shall not apply:—

(a)

regulation 11(3);

(b)

regulation 13;

(c)

regulation 14(7);

(d)

Part III;

(e)

Schedules 3 and 4.”.

Signature

Signed by authority of the Lord Chancellor

David Lock

Parliamentary Secretary

Lord Chancellor’s Department

Dated 31st July 2000

We consent

Jim Dowd

Bob Ainsworth

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 10th August 2000

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989 so as to exclude the system of assessment of financial resources of applicants for criminal legal aid in cases where, in accordance with the Legal Aid Act 1988 (Modification) Regulations 2000, criminal legal aid is available without reference to financial resources.