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The Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No.2) Regulations 1991

Type Statutory-Instrument

Publication 1991-07-25

State In force

Department Queen's Printer of Acts of Parliament

Source legislation.gov.uk

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Made: 25th July 1991

Laid before Parliament: 5th September 1991

Coming into force: 14th October 1991

The Lord Chancellor, in exercise of the powers conferred on him by sections 34 and 43 of the Legal Aid Act 1988[^f00001], hereby makes the following Regulations:–

Citation, commencement and transitional provisions

1

(1) These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No.2) Regulations 1991 and shall come into force on 14th October 1991.

(2) These Regulations shall apply to proceedings commenced on or after 14 October 1991 and the provisions of the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989[^f00002] shall apply in relation to proceedings commenced before that date as if these Regulations had not been made.

Amendment of the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989

2

Regulation 1(2) and Part VII of the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989 shall be omitted.

3

In regulation 44(3) the words from “; and” in sub-paragraph (a) to “above” in sub-paragraph (b) shall be omitted.

Signed

Mackay of Clashfern, C. — Dated 25th July 1991

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989 by omitting the parts of the Regulations which refer to care proceedings (regulations 2 and 3). As a result of amendments to the Legal Aid Act 1988 by the Children Act 1989 (c. 41) care proceedings now form part of civil legal aid. The unamended regulations are preserved to cover existing proceedings (regulation 1(2)).

Footnotes

[^f00001]: 1988 c. 34; section 34 was amended by the Courtsand Legal Services Act 1990 (c. 41), Schedule 18, paragraph 63. Section 43 is an interpretation provision and is cited because of the meaning assigned to the word “regulations”.

[^f00002]: S.I. 1989/344, as amended by S.I. 1990/489.

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