Regulation 2 Interpretation
In these Regulations, unless the context otherwise requires,—
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“the Act” means the Legal Aid Act 1974;
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“appropriate authority” has the meaning assigned to it by regulation 3;
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“collecting court” has the meaning assigned to it by section 32(5) of the Act;
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“costs” means, in the case of a solicitor, the fees and disbursements payable under section 37f1 of the Act and, in the case of counsel, the fees payable under that section;
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“counsel” means counsel assigned under section 30 or 31f2 of the Act;
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“Court of Appeal” means the criminal division of the Court of Appeal or the Courts-Martial Appeal Court as the case may be;
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“determining officer” means an officer appointed under regulation 3(3);
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“disbursements” means travelling and witness expenses and other out of pocket expenses incurred by a fee-earner in giving legal aid;
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“fee-earner” means a solicitor, a legal executive or any clerk who regularly does work for which it is appropriate to make a direct charge to a client;
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“legal aid” means legal aid given under a legal aid order;
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“legal aid order” means a legal aid order made under section 28f3 of the Act;
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“legal executive” means a fellow of the Institute of Legal Executives;
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“proceedings in a magistrates' court” includes, for the purposes of these Regulations, proceedings in connection with an application for bail to the Crown Court after the issuing of a certificate under section 5(6A) of the Bail Act 1976f4;
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“registrar” means the registrar of criminal appeals or the registrar of the Courts-Martial Appeal Court as the case may be;
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“the 1968 Regulations” means the Legal Aid in Criminal Proceedings (General) Regulations 1968f5;
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“solicitor” means a solicitor assigned under section 30 or 31 of the Act;
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“trial judge” means the judge who presided at the hearing at which the defendant was substantively dealt with and in respect of which the costs are payable;
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“taxing master” means a taxing master of the Supreme Court.
Unless the context otherwise requires, any reference in these Regulations to a Schedule by number means the Schedule so numbered to these Regulations and any reference to a paragraph of a Schedule by number means the paragraph so numbered in that Schedule.
Annotations
Footnotes
- f1
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Section 37 was amended by the Legal Aid Act 1982 (c. 44), section 11(1).
- f2
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Section 30 was amended by the Bail Act 1976 (c. 63), section 11(8)(9), by the Administration of Justice Act 1977 (c. 38), Schedule 1, paragraph 3, by the Magistrates' Courts Act 1980 (c. 43), section 154, Schedule 7, paragraph 127, (as from a day to be appointed) by the Contempt of Court Act 1981 (c. 49), sections 13, 21(2), Schedule 2, Part I, paragraph 2, by the Legal Aid Act 1982 (c. 44), section 4, by the Criminal Justice Act 1982 (c. 48), sections 29(3), 60(4), and by the Administration of Justice Act 1985 (c. 61), section 46 and section 31 was amended by the Legal Aid Act 1982 (c. 44), Schedule.
- f3
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Section 28 was amended by the Children Act 1975 (c. 72), section 65, by the Bail Act 1976 (c. 63), section 11(2)(3), (as from a day to be appointed) by the Contempt of Court Act 1981 (c. 49), sections 13, 21(2). Schedule 2, Part I, paragraph 1, by the Legal Aid Act 1982 (c. 44), section 3, by the Criminal Justice Act 1982 (c. 48), section 25(2)(a) and (as from a day to be appointed) by the Criminal Justice Act 1987 (c. 38), section 16, Schedule 2, paragraphs 7, 8.
- f4
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1976 c. 63; section 5(6A) was added by the Criminal Justice Act 1982 (c. 48), section 60(3).
- f5
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S.I. 1968/1231