The Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) (No. 3) Regulations 1991

Made: 21st August 1991

Laid before Parliament: 10th 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], having had regard to the matters specified in section 34(9) and consulted the General Council of the Bar and the Law Society, and with the consent of the Treasury, hereby makes the following Regulations:—

1

• (1) These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) (No. 3) Regulations 1991 and shall come into force on 14th October 1991.

• (2) These Regulations shall apply to the determination of costs which are payable in respect of work done on or after 14th October 1991 and costs payable in respect of work done before that date shall be determined as if these Regulations had not been made.

2

The following provisions of the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989[^f00002] shall be omitted—

• (a) regulation 3(1)(d);

• (b) regulation 6(5);

• (c) the words “or care proceedings” in regulation 14(1)(a);

• (d) paragraph 1(1)(b) of Part I of Schedule 1.

Signed

Mackay of Clashfern, C. — 25th July 1991

We consent,

Thomas Sackville — Sydney Chapman — Two of the Lords Commissioners of Her Majesty’s Treasury — 21st August 1991

Explanatory note

(This note is not part of the regulations)

These Regulations amend the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989 by omitting the provisions dealing with remuneration for care proceedings. [As a result of amendments to the Legal Aid Act 1988 by the Children Act 1989 (c. 41), care proceedings after 14th October 1991 form part of civil legal aid. Provision for remuneration for care proceedings in all courts is now made in the Legal Aid in Family Proceedings (Remuneration) Regulations 1991 (S.I. 1991/2038).]

Footnotes

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

[^f00002]: S.I. 1989/343, amended by S.I. 1990/488 and 1991/529 and 838.