The Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 2) Regulations 1996

Made: 7th March 1996

Laid before Parliament: 11th March 1996

Coming into force: 8th April 1996

The Lord Chancellor, in exercise of the powers conferred on him by sections 21(5), 23, 34 and 43 of the Legal Aid Act 1988[^f00001], and with the consent of the Treasury, hereby makes the following Regulations—

Citation, commencement, interpretation and transitional provisions

1

• (1) These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (General) (Amendment) Regulations 1996 and shall come into force on 8th April 1996.

• (2) In these Regulations, a Schedule referred to by number means the Schedule so numbered in the Legal Aid in Criminal and Care Proceedings (General) (Amendment) Regulations 1989[^f00002].

• (3) These Regulations shall apply to applications for legal aid made on or after 8th April 1996 and applications made before that date shall be treated as if these Regulations had not come into force.

Amendments to the Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 2) Regulations 1989

2

Part Two of Form 6 (which deals with Calculation of contribution from INCOME) in Schedule 2 shall be amended by substituting—

• (a) for “£44”, “£48” and

• (b) for “Contributions are rounded to the nearest whole pound”, “A contribution of £1 is payable for each £3 (or part of £3) by which average disposable income exceeds the weekly limit but no contribution is payable where average disposable income does not exceed £49.”.

3

Schedule 4 shall be amended by substituting, for “£47”, “£48” and, for “£48”, “£49”.

Signed

Mackay of Clashfern, C. — Dated 5th March 1996

We consent,

Simon Burns — Derek Conway — Two of the Lords Commissioners of Her Majesty’s Treasury — Dated 7th March 1996

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989 so as to—

• (a) amend Form 6 in Schedule 2 to reflect the changes made by regulation 3 (regulation 2);

• (c) increase the income limit for non-contributory criminal legal aid from £47 a week to £48 per week (regulation 3).

Footnotes

[^f00001]: 1988 c. 34; sections 34 and 43 were amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraphs 60 and 63, Section 43 is an interpretation provision and is cited because of the meaning assigned to the word “regulations”.

[^f00002]: S.I. 1989/344; the relevant amending instruments are S.I. 1990/489, 1991/637, 1992/720, 1993/789, 1895, 1994/807 and 1995/796.