Legal Aid (General) (Amendment No. 2) Regulations 1976

JurisdictionUK Non-devolved
CitationSI 1976/628

1976 No. 628


The Legal Aid (General) (Amendment No. 2) Regulations 1976

14thApril 1976

3rdMay 1976

1stAugust 1976

The Lord Chancellor, in exercise of the powers conferred on him by sections 9 and 20 of the Legal Aid Act 1974(a), hereby makes the following Regulations:—

1.—(1) These Regulations may be cited as the Legal Aid (General) (Amendment No. 2) Regulations 1976 and shall come into operation on 1st August 1976.

(2) The Interpretation Act 1889(b) shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.

(3) In these Regulations a regulation referred to by number means a regulation so numbered in the Legal Aid (General) Regulations 1971(c), as amended (d).

2. The following paragraph shall be substituted for paragraph (10) of regulation 18:—

"(10) The provisions of this regulation shall not apply to—

(a) any interim payment of damages in accordance with an order made under Order 29, rule 12, of the Rules of the Supreme Court (e);

(b) any periodical payment of maintenance, which for this purpose means money or money's worth paid towards the support of a spouse, former spouse, child or any other person for whose support the payer has previously been responsible or has made payments;

(c) the first £2,500 of any money, or of the value of any property, recovered or preserved by virtue of an order made, or deemed to be made, under the provisions of—

(i) section 23(1)(c) or (f), 23(2), 24, 27(6)(c) or (f), or 35 of the Matrimonial Causes Act 1973(f); or

(ii) section 2 or 6 of the Inheritance (Provision for Family and Dependants) Act 1975(g) or any provision repealed by that Act; or

(a) 1974 c. 4.

(b) 1889 c. 63.

(c) S.I. 1971/62 (1971 I, p. 75).

(d) There are no relevant amendments.

(e) S.I. 1965/1776 (1965 III, p. 4995).

(f) 1973 c. 18.

(g) 1975 c. 63.

(d) where the certificate was issued before 3rd May 1976, any money or property, of whatever amount or value, recovered or preserved by virtue of an order made, or deemed to be made, under any of the provisions specified in sub-paragraph (c) before 1st August 1976, or which, if made after that date, gives effect to a settlement entered into before that date;

and such payments, money or property shall not be the subject of a charge within the terms of section 9(6) of the Legal Aid Act 1974.".

Elwyn-Jones, C.

Dated 14th April 1976.


(This Note is not part of the Regulations.)


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