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The Legal Aid (Information about Financial Resources) (Amendment) Regulations 2015

S.I. 2015/1408 · Made 23 June 2015

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.

This Statutory Instrument has been made as a consequence of a defect in S.I. 2015/838 and is being issued free of charge to all known recipients of that Statutory Instrument.

Legal Aid And Advice, England And Wales

Made 23rd June 2015

Laid before Parliament 25th June 2015

Coming into force 26th June 2015

The Lord Chancellor makes the following Regulations in exercise of the powers conferred by sections 22(3)(f) and 41(1)(b) and (3)(c) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012f1.

Annotations to the whole text

Footnotes

f1

2012 c. 10. Section 42(1) provides that in Part 1 of that Act “prescribed” means prescribed by regulations and “regulations” mean regulations made by the Lord Chancellor (except in Schedule 6).

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Legal Aid (Information about Financial Resources) Regulations 2013
  3. 3Partial revocation of the Legal Aid, Community Legal Service and Criminal Defence Service (Amendment) Regulations 2015
  4. Signature
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the Legal Aid (Information about Financial Resources) (Amendment) Regulations 2015 and come into force on 26th June 2015.

2Amendment of the Legal Aid (Information about Financial Resources) Regulations 2013

In paragraph 23 of the Schedule to the Legal Aid (Information about Financial Resources) Regulations 2013f1, omit “section 17A of the Children Act 1989f2, section 49(3) of the Children and Families Act 2014f3 (personal budgets and direct payments),”.

3Partial revocation of the Legal Aid, Community Legal Service and Criminal Defence Service (Amendment) Regulations 2015

Regulation 11 of the Legal Aid, Community Legal Service and Criminal Defence Service (Amendment) Regulations 2015f1 is revoked.

Signature

Shailesh Vara

Parliamentary Under Secretary of State

Ministry of Justice

23rd June 2015

Explanatory note

(This note is not part of the Regulations)

These Regulations revoke regulation 11 of the Legal Aid, Community Legal Service and Criminal Defence Service (Amendment) Regulations 2015 (S.I. 2015/838) (“the amending Regulations”) and omits the amendment it purported to make to the Legal Aid (Information about Financial Resources) Regulations 2013 (S.I. 2013/628) (“the Financial Resources Regulations”). The Financial Resources Regulations are made under section 22 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) (“the Act”). By virtue of section 41(7) of the Act, a statutory instrument which contains regulations made under section 22 of the Act may not be made unless a draft of the instrument has been laid before, and approved by, a resolution of, each House of Parliament. The amending Regulations, by reason of the inclusion of regulation 11, did not comply with section 41(7) of the Act. To address this procedural error, these Regulations revoke regulation 11 of the amending Regulations and omit the words regulation 11 purported to insert in the Financial Resources Regulations.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.