Transfer of Functions (Legal Aid in Criminal Proceedings and Costs in Criminal Cases) Order 1980

JurisdictionUK Non-devolved
CitationSI 1980/705
Year1980

1980 No. 705

MINISTERS OF THE CROWN

The Transfer of Functions (Legal Aid in Criminal Proceedings and Costs in Criminal Cases) Order 1980

21stMay 1980

29thMay 1980

1stJuly 1980

At the Court at Buckingham Palace, the 21st day of May 1980

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in pursuance of section 1 of the Ministers of the Crown Act 1975 (a), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Citation and Commencement

1.—(1) This Order may be cited as the Transfer of Functions (Legal Aid in Criminal Proceedings and Costs in Criminal Cases) Order 1980.

(2) This Order comes into operation on 1st July 1980.

Transfer of functions

2. The functions of the Secretary of State under the following provisions namely—

(a) sections 13(2), 16(2) and 17 of the Costs in Criminal Cases Act 1973(b);

(b) sections 34, 37(1)(b) and 39 of the Legal Aid Act 1974(c);

(c) regulations 4 and 5 of the Costs in Criminal Cases (Central Funds) (Appeals) Regulations 1977(d);

(d) regulation 2(2) of the Costs in Criminal Cases (Allowances) Regulations 1977(e);

(e) regulations 7(1) and 30(1) of the Legal Aid in Criminal Proceedings (General) Regulations 1968(f); and

(f) regulations 9(4) to (5D) and 10 of the Legal Aid in Criminal Proceedings (Fees and Expenses) Regulations 1968(g),

are hereby transferred to the Lord Chancellor.

(a) 1975 c. 26.

(b) 1973 c. 14; section 16(2) was extended and modified by the Administration of Justice Act 1973 (c. 15), section 17(2); section 17 was amended by the Administration of Justice Act 1977 (c. 38), Schedule 2, paragraph 4.

(c) 1974 c. 4.

(d) S.I. 1977/248.

(e) S.I. 1977/2069.

(f) S.I. 1968/1231.

(g) S.I. 1968/1230; the relevant provisions of regulations 9 and 10 were substituted by S.I. 1979/360, regulations 5 and 7.

Supplementary

3.—(1) The Schedule to this Order (which contains amendments incidental to or consequential on the transfer of functions effected by Article 2) shall have effect.

(2) This Order shall not affect the validity of anything done by or in relation to the Secretary of State before the coming into operation of this Order, and anything which at the coming into operation of this Order is in process of being done by or in relation to the Secretary of State may, if it relates to any functions transferred by this Order, be continued by or in relation to the Lord Chancellor.

(3) Any request made, notice given or other thing...

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