Legal Aid in Criminal Proceedings (Costs) (Amendment) Regulations 1988

JurisdictionUK Non-devolved
CitationSI 1988/2302

1988 No. 2302

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Legal Aid in Criminal Proceedings (Costs) (Amendment) Regulations 1988

Made 21th December 1988

Laid before Parliament 6th January 1989

Coming into force 1st February 1989

The Lord Chancellor, in exercise of the powers conferred by section 39 of the Legal Aid Act 19741, and now vested in him2, and having had regard to the matters specified in section 39(3), hereby makes the following Regulations:—

S-1 These Regulations may be cited as the Legal Aid in Criminal...

1.—(1) These Regulations may be cited as the Legal Aid in Criminal Proceedings (Costs) (Amendment) Regulations 1988 and shall come into force on 1st February 1989.

(2) In these Regulations, a regulation or Schedule referred to by number means the regulation or Schedule so numbered in the Legal Aid in Criminal Proceedings (Costs) Regulations 19883.

S-2 After regulation 9(6), there shall be inserted the following...

2. After regulation 9(6), there shall be inserted the following new paragraph—

S-7

“7 Where prior authority has been obtained to instruct a Queen’s Counsel alone under regulation 14D(1)(cc) of the 1968 Regulations4, no question as to the propriety of that act shall be raised on any determination of counsel’s fees, unless the solicitor knew or ought reasonably to have known that the purpose for which the authority was given had failed or become irrelevant or unnecessary before the fees were incurred.”.

S-3 Paragraph 1(2)(a)(i) of Schedule 1 Part II shall be amended by...

3. Paragraph 1(2)(a)(i) of Schedule 1 Part II shall be amended by substituting, for the words “or at the time of listing”, the words “and at the time of listing”.

S-4 After paragraph 4(9) of Schedule 1 Part II, there shall be...

4. After paragraph 4(9) of Schedule 1 Part II, there shall be inserted the following new sub-paragraph—

S-9A

“9A Where a solicitor prepares a case with a view to counsel appearing at the substantive hearing without the solicitor attending court, the standard preparation fee payable (including any increase made in that fee by virtue of sub-paragraph (8)(a) or (9)) shall be further increased by £23·00 (or by £24·50 for a fee-earner whose office is situated within legal aid area 1, 13 or 14).”.

S-5 Paragraph 4(10) of Schedule 1 Part II shall be amended by...

5. Paragraph 4(10) of Schedule 1 Part II shall be amended by substituting, for the words “sub-paragraph (8) or (9)”, the words “sub-paragraph...

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