Legal Aid (Assessment of Resources) (Amendment) Regulations, 1961

JurisdictionUK Non-devolved
CitationSI 1961/555

1961 No. 555

LEGAL AID AND ADVICE, ENGLAND

The Legal Aid (Assessment of Resources) (Amendment) Regulations, 1961

23rdMarch 1961

29thMarch 1961

8thMay 1961

In pursuance of the powers conferred upon me by sections 4 and 12 of the Legal Aid and Advice Act, 1949(a), and all other powers enabling me in this behalf, I, David Viscount Kilmuir, Lord High Chancellor of Great Britain, with the concurrence of the Treasury, hereby make the following Regulations:—

1.—(1) These Regulations may be cited as the Legal Aid (Assessment of Resources) (Amendment) Regulations, 1961, and shall come into operation on the eighth day of May, 1961.

(2) In these Regulations a regulation referred to by number means the regulation so numbered in the Legal Aid (Assessment of Resources) Regulations, 1960(b).

2. In paragraph (2) of Regulation 1 (which relates, among other things, to the interpretation of expressions used in the Regulations) there shall be added the following definitions:—

"'authorized summary proceedings' means the following proceedings in a court of summary jurisdiction, namely—

(i) proceedings for or relating to an affiliation order within the meaning of the Affiliation Proceedings Act, 1957(c), or an order under the Matrimonial Proceedings (Magistrates' Courts) Act, 1960(d);

(ii) proceedings under the Guardianship of Infants Acts, 1886 and 1925; and

(iii) proceedings under the shall Tenements Recovery Act, 1838(e).

'make a determination', in relation to the Board, means to determine the disposable income and disposable capital of the person concerned, and to determine the maximum amount of his contribution to the legal aid fund in respect of any proceedings."

3. After Regulation 10 there shall be added the following Regulation:—

"Power of the Board to estimate an applicant's resources

11.—(1) Where the committee informs the Board that the person concerned requires a certificate in a matter of special urgency and the Board are not satisfied that they can make a determination and communicate it to the committee by the time that they are requested to do so, the Board may, on the basis of the information then available to them, make an estimate of the disposable income and disposable capital of

(a) 12, 13 & 14 Geo. 6. c. 51.

(b) S. I. 1960/1471 (1960 II, p. 1749).

(c) 5 & 6 Eliz. 2. c. 55.

(d) 8 & 9 Eliz. 2. c. 48.

(e) 1 & 2 Vict. c. 74.

the person concerned and of the maximum amount of his contribution to the legal aid fund. Such estimate shall be...

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