Legal Aid (General) (Amendment) Regulations 1977

JurisdictionUK Non-devolved
CitationSI 1977/1293

1977 No. 1293


The Legal Aid (General) (Amendment) Regulations 1977

27thJuly 1977

5thAugust 1977

1stOctober 1977

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) Regulations 1977 and shall come into operation on 1st October 1977.

(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. In regulation 1(3), for the definition of "matrimonial proceedings" there shall be substituted the following:—

""matrimonial proceedings" means—

(a) any proceedings with respect to which rules may be made under section 50 of the Matrimonial Causes Act 1973(e), or

(b) any proceedings in a county court under section 17 of the Married Women's Property Act 1882(f) or section 1 of the Matrimonial Homes Act 1967(g); or

(c) any proceedings under the Domestic Violence and Matrimonial Proceedings Act 1976(h);".

3. In regulation 3(8), after the words "in English" there shall be inserted the words "or in French".

(a) 1974 c. 4.

(b) 1889 c. 63.

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

(d) The relevant amending instruments are S.I. 1971/1877, 1972/1749, 1976/628 (1971 III p. 5114; 1972 III, p, 5076; 1976 I, p. 1775).

(e) 1973 c. 18.

(f) 1882 c. 75.

(g) 1967 c. 75.

(h) 1976 c. 50.

4. In regulation 5, the following paragraph shall be substituted for paragraph (1):—

"(1) An application for a certificate in respect of—

(a) matrimonial proceedings, or

(b) authorised summary proceedings,

shall be considered by the secretary, who, after having had regard to the determination made by the Commission of the disposable income and disposable capital of the applicant and the maximum contribution payable by him or the terms of any undertaking lodged by him under regulation 3(4), may (save in the circumstances mentioned in paragraph (11)) approve the application on behalf of the appropriate committee; and in every case in which he does not approve the application he shall refer it to the committee for their consideration and approval or refusal."

5. In regulation 6, the following shall be added at the end of paragraph (2):—


To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT