Legal Aid in Criminal and Care Proceedings (General) (Amendment) Regulations 1993

JurisdictionUK Non-devolved
CitationSI 1993/789

1993 No. 789

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Legal Aid in Criminal and Care Proceedings (General) (Amendment) Regulations 1993

Made 17th March 1993

Laid before Parliament 18th March 1993

Coming into force 12th April 1993

The Lord Chancellor, in exercise of the powers conferred on him by sections 21(5), 23, 24, 34 and 43 of the Legal Aid Act 19881and with the consent of the Treasury, hereby makes the following Regulations:—

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (General) (Amendment) Regulations 1993 and shall come into force on 12th April 1993.

Interpretation
S-2 Interpretation

Interpretation

2. In these Regulations a regulation or Schedule referred to by number alone means a regulation or Schedule so numbered in the Legal Aid in Criminal and Care Proceedings (General) Regulations 19892and a Form referred to by number alone means the Form so numbered in Schedule 2.

Transitional provisions
S-3 Transitional provisions

Transitional provisions

3. These Regulations shall apply to applications for legal aid made on or after 12th April 1993 and applications made before that date shall be treated as if these Regulations had not come into force.

Amendments to the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989

Amendments to the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989

S-4 In regulation 3— the definition of “contribution period” shall...

4. In regulation 3—

(a) the definition of “contribution period” shall be omitted;

(b) the definition of disability living allowance shall be amended by substituting for “section 37ZA of the Social Security Act 1975”, the words “the Social Security Contributions and Benefits Act 19923;

(c) the definition of disability working allowance shall be amended by substituting for “section 20(6A) of the Social Security Act 1986” the words “the Social Security Contributions and Benefits Act 1992”;

(d) the definition of family credit shall be amended by substituting for “the Social Security Act 1986” the words “the Social Security Contributions and Benefits Act 1992”;

(e) the definition of income support shall be amended by substituting for “the Social Security Act 1986” the words “the Social Security Contributions and Benefits Act 1992”;

(f) after the definition of “Area Director” there shall be inserted the following new definition:—

“attendance allowance” means an allowance paid under section 64 of or Schedule 8 paragraphs 4 or 7(2) to the Social Security Contributions and Benefits Act 1992;

(a) after the definition of “legal aid order” there shall be inserted the following new definition:—

“period of computation” means the period of 3 months next ensuing from the date of the application for a legal aid order.

S-5 Regulation 28 shall be omitted.

Regulation 28 shall be omitted.

5. Regulation 28 shall be omitted.

S-6 Regulation 29 shall be amended as follows:— in paragraph (1)...

6. Regulation 29 shall be amended as follows:—

(a) in paragraph (1) for the words “within a period not exceeding the contribution period” there shall be substituted “for the period during which a legal aid order is in force”;

(b) after paragraph (3) there shall be inserted the following paragraph:—

S-4

“4 The period referred to in paragraph (1) above means the period from the grant of the legal aid order to—

(a) the conclusion of the proceedings covered by the legal aid order (whether in the court in which the legal aid order was made or in another court following a committal for trial or sentence or remittal); or

(b) where the legal aid order is withdrawn or revoked, the date of such withdrawal or revocation.”.

S-7 Regulations 32(1)(b) and 33(b) shall be amended by substituting...

7. Regulations 32(1)(b) and 33(b) shall be amended by substituting for “within the contribution period” where those words appear, the words “during the period in which the legal aid order was in force”.

S-8 For regulation 35 there shall be substituted the following:— 35...

8. For regulation 35 there shall be substituted the following:—

S-35

35.—(1) At the conclusion of the proceedings the court in which those proceedings are concluded may, if it thinks fit—

(a)

(a) remit any sum due under a contribution order which falls to be paid after the conclusion of the proceedings; or

(b)

(b) remit or order the repayment of any sum due or paid under a contribution order where the legally assisted person has been acquitted.

(2) Where the legal aid order in connection with which a contribution order was made is revoked, paragraph (1) shall apply as if the proceedings had been concluded.

(3) Where a legally assisted person—

(a)

(a) successfully appeals against his conviction; or

(b)

(b) is respondent to an appeal which is unsuccessful,

the court hearing the appeal may remit or order the repayment of any sum due or paid under a contribution order.

(4) Where a contribution order has been varied and the sum of the total contributions paid up to the conclusion of the proceedings exceeds the amount which was due taking into account the variation, the court or the proper officer shall order repayment of an amount equal to the difference between the sums paid and the amount due.

(5) Where—

(a)

(a) a contribution order is varied to an amount greater than that which was previously payable; or

(b)

(b) a contribution order is made after a determination under regulation 32,

the payment of any contributions shall be made in accordance with the provisions of regulation 29, save that in respect of payments to be made out of disposable income, the court or the proper officer may extend the period within which such payment is to be made beyond the conclusion of the proceedings.”.

S-9 Regulation 37 shall be amended as follows:— in paragraph (1)—...

9. Regulation 37 shall be amended as follows:—

(a) in paragraph (1)—

(i) for the words “Where the contribution period has not ended” there shall be substituted “Where a legal aid order is still in force”;

(ii) for the words “the contribution period shall be deemed to have ended” there shall be substituted “the liability to pay further contributions shall end”;

(b) in paragraph (2) for the words “that the contribution period is to be deemed to have ended” there shall be substituted...

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