The Legal Advice and Assistance (Scope) (Amendment) Regulations 1992

Made: 17th November 1992

Coming into force: 23rd November 1992

Whereas a draft of the above Regulations has been laid before and approved by resolution of each House of Parliament:

Now, therefore, the Lord Chancellor, in exercise of the powers conferred on him by sections 8 and 43 of the Legal Aid Act 1988[^f00001] hereby makes the following Regulations:—

1

• (1) These Regulations may be cited as the Legal Advice and Assistance (Scope) (Amendment) Regulations 1992 and shall come into force on 23rd November 1992.

• (2) In these Regulations a regulation referred to by number means the regulation so numbered in the Legal Advice and Assistance (Scope) Regulations 1989[^f00002].

2

Regulation 2 shall be amended as follows—

• (a) the definition of “board of visitors” shall be deleted;

• (b) after the definition of “conveyancing services” the following definitions shall be inserted—

• “discretionary life prisoner” has the meaning assigned by section 34(1) of the Criminal Justice Act 1991[^f00003];
• “governor” has the meaning assigned by rule 99 of the Prison Rules 1964[^f00004];

• (c) after the definition of “mental disorder” the following definition shall be inserted—

• “the Parole Board” has the meaning assigned by section 32 of the Criminal Justice Act 1991;

3

In regulation 9, for sub-paragraph (b) there shall be substituted the following—

(b) to a prisoner who has been permitted by the governor to be legally represented in proceedings before him; (c) to a discretionary life prisoner whose case is referred to the Parole Board under sections 34(4) or (5) or 39(4) of the Criminal Justice Act 1991.

Signed

Mackay of Clashfern, C. — Dated 17th November 1992

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Advice and Assistance (Scope) Regulations 1989 by—

• (a) substituting a reference to disciplinary proceedings before a prison governor for references to proceedings before a board of visitors; this is consequential on changes to the Prison Rules 1964;

• (b) extending the scope of assistance by way of representation (ABWOR) to proceedings before the Parole Board under the Criminal Justice Act 1991 in respect of discretionary life prisoners.

Footnotes

[^f00001]: 1988 c. 34; section 43 is an interpretation provision and is cited because of the meaning assigned to the word “regulations”. There are amendments to the Act not relevant to this instrument.

[^f00002]: S.I. 1989/550; there are amendments not relevant to this instrument.

[^f00003]: 1991 c. 53.

[^f00004]: S.I. 1964/388, as amended by paragraph 18 of the Schedule to the Prison (Amendment) Rules 1992, S.I. 1992/514.