# The Legal Aid in Criminal and Care Proceedings (General) (Amendment) Regulations 1997

S.I. 1997/752 · made 10 March 1997

These Regulations amend the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989 so as to—amend Form 6 in Schedule 2 to reflect the changes made by regulation 3 (regulation 2); andincrease the income limit for non-contributory criminal legal aid from £48 a week to £49 per week (regulation 3);provide that a payment made under the Community Care (Direct Payments) Act 1996 shall be disregarded in computing disposable income and capital (regulations 4 and 5).

Made under: Legal Aid Act 1988 (Section 21, Section 23, Section 34, Section 43)

## Introductory text

LEGAL AID AND ADVICE, ENGLAND AND WALES
Made 10th March 1997
Laid before Parliament 11th March 1997
Coming into force
All provisions except regulations 2 and 3 1st April 1997
Regulations 2 and 3 7th April 1997
The Lord Chancellor, in exercise of the powers conferred on him by sections 21(5), 23, 34 and 43 of the Legal Aid Act 1988, and with the consent of the Treasury, hereby makes the following Regulations:—

## 1 Citation, commencement, interpretation and transitional provisions

(1) These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (General) (Amendment) Regulations 1997 and shall come into force on 1st April 1997, except for regulations 2 and 3 which shall come into force on 7th April 1997.
(2) In these Regulations, unless the context otherwise requires, a Schedule referred to by number means the Schedule so numbered in the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989.
(3) Subject to paragraph (4), these Regulations shall apply to applications for legal aid made on or after 7th April 1997 and applications made before that date shall be treated as if these Regulations had not come into force.
(4) Regulations 4 and 5 of these Regulations shall apply to applications for legal aid made on or after 1st April 1997 and applications made before that date shall be treated as if regulations 4 and 5 had not come into force.

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

Part Two of Form 6 (which deals with Calculation of contribution from INCOME) in Schedule 2 shall be amended by substituting for “£48”, “£49” and, for “£49”, “£50”.

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

Schedule 4 shall be amended by substituting, for “£48”, “£49” and, for “£49”, “£50”.

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

(1) Paragraph 6 of Schedule 3 shall stand as sub-paragraph (1) of that paragraph.
(2) After paragraph 6(1) of Schedule 3, there shall be inserted the following:—
“(2) In computing disposable income, a payment made under the Community Care (Direct Payments) Act 1996 shall be disregarded.”.

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

For “and” at the end of paragraph 16(b)(ii) of Schedule 3, there shall be substituted the following:—
“(iii) payments made under the Community Care (Direct Payments) Act 1996; and”.

## Signature

Mackay of Clashfern, C.
Dated 10th March 1997
We consent,
Richard Ottaway
Patrick McLoughlin
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 10th March 1997

## 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—
(a) amend Form 6 in Schedule 2 to reflect the changes made by regulation 3 (regulation 2); and
(b) increase the income limit for non-contributory criminal legal aid from £48 a week to £49 per week (regulation 3);
(c) provide that a payment made under the Community Care (Direct Payments) Act 1996 shall be disregarded in computing disposable income and capital (regulations 4 and 5).

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Source: https://www.legislation.gov.uk/uksi/1997/752 (the official version)
Page: https://openlegislation.uk/legal-aid-in-criminal-and-care-proceedings-general-amendment-regulations-1997
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.