Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989
| Jurisdiction | UK Non-devolved |
| Citation | SI 1989/342 |
1989No. 342
LEGAL AID AND ADVICE, ENGLAND AND WALES
The Legal Advice and Assistance at Police Stations
(Remuneration) Regulations 1989
3rdMarch1989
9thMarch1989
1stApril1989
The Lord Chancellor, in exercise of the powers conferred on him by sections 34 and 43 of the Legal Aid Act 1988( a), and with the concurrence of the Treasury, hereby makes the following Regulations:-
Citation, commencement, revocations and transitional provisions
1.-(1) These Regulations may be cited as the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989 and shall come into force on 1st April 1989.
(2) The Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1988( b) are hereby revoked except in relation to work done before 1st April 1989.
(3) Where a review under regulation 7 relates to a claim made before 1st June 1989, regulation 8(1) and (2) shall not apply and the solicitor may appeal in writing within 21 days of receipt of notification of the decision on the review to a committee appointed by the Board.
Interpretation
2.-(1) In these Regulations, unless the context otherwise requires,-
"the 1988 Act" means the Legal Aid Act 1988;
"advice" and "assistance" mean respectively advice and assistance under the 1988 Act;
"appropriate area committee" means the area committee in whose area is situated the police station or other premises at which a solicitor has given advice or assistance in accordance with arrangements made by the Board under regulation 6 of the Legal Advice and Assistance Regulations 1989( c);
"area committee" has the meaning assigned to it by regulation 4 of the Civil Legal Aid (General) Regulations 1989( d);
"duty period" means any period of 24 hours during which a duty solicitor holds himself available to give advice and assistance in accordance with a duty solicitor scheme;
"duty solicitor" means any solicitor, and any representative of a solicitor, who provides advice and assistance in accordance with a duty solicitor scheme;
"duty solicitor scheme" means any arrangements made by the Board under regulation 6 of the Legal Advice and Assistance Regulations 1989 ( e);
"own solicitor" means a solicitor who gives advice and assistance to a person arrested and held in custody or to a volunteer otherwise than as a duty solicitor;
"serious service offence" means an offence under any of the Army Act 1955( f), the Air Force Act 1955( g) or the Naval Discipline Act 1957( h) which cannot be dealt with summarily or which appears to an interviewing service policeman to be serious;
(a) 1988 c.34; section 43 is an interpretation provision and is cited because of the meaning assigned to the word "regulations".
(b) S.I. 1988/446.
(c) S.I. 1989/340.
(d) S.I. 1989/339.
(e) S.I. 1989/340.
(f) 1955 c.18.
(g) 1955 c.19.
(h) 1957 c.53.
"unsocial hours" means between the hours of 5.30 pm and 9.30 am on any weekday and any time on a Saturday, Sunday or bank holiday;
"volunteer" means a person who, for the purpose of assisting with an investigation, attends voluntarily at a police station or at any other place where a constable is present or accompanies a constable to a police station or any such other place without having been arrested.
General
3.-(1) Remuneration shall be determined by the Board in accordance with these Regulations.
(2) The Board shall appoint or authorise the appointment of determining officers to act on its behalf under these Regulations in accordance with directions given by it or on its behalf.
Claims for remuneration
4.-(1) A claim for remuneration by a duty solicitor or an own solicitor shall be submitted to the determining officer in such form and manner as the Board may direct and any such claim shall be submitted within 3 months of the duty period or of...
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