The Legal Advice and Assistance (Amendment) Regulations 1997

Made: 10th March 1997

Laid before Parliament: 11th March 1997

Coming into force

The Lord Chancellor, in exercise of the powers conferred on him by sections 9, 34 and 43 of the Legal Aid Act 1988[^f00001] and having had regard to the matters specified in section 34(9) and having consulted the General Council of the Bar and the Law Society and with the consent of the Treasury, hereby makes the following Regulations:—

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Legal Advice and Assistance (Amendment) Regulations 1997 and shall come into force on 1st April 1997, except for regulation 5 which shall come into force on 7th April 1997 and regulations 3, 4 and 6 which shall come into force on 1st June 1997.

• (2) In these Regulations, unless the context otherwise requires, a regulation or Schedule referred to by number alone means the regulation or Schedule so numbered in the Legal Advice and Assistance Regulations 1989[^f00002].

Transitional Provisions

2

• (1) Regulation 5 of these Regulations shall apply to applications for advice and assistance made on or after 7th April 1997 and applications made before that date shall be treated as if regulation 5 had not come into force.

• (2) Regulation 7 of these Regulations shall apply to applications for advice and assistance made on or after 1st April 1997 and applications made before that date shall be treated as if regulation 7 had not come into force.

• (3) Regulation 8 of these Regulations shall apply for the purposes of work done on or after 1st April 1997 to which the Legal Advice and Assistance Regulations 1989 apply.

Amendments to the Legal Advice and Assistance Regulations 1989

3

In the Arrangement of Regulations, the title to regulation 7 shall be amended by omitting the word “criminal”.

4

In regulation 7, the title shall be amended by omitting the word “criminal”.

5

• (1) Regulation 11 shall be amended by substituting

• (a) “£77” for “£75” in paragraph (1) and

• (b) “£166” for “£162” in paragraph (2).

• (2) Regulation 12 shall be amended by substituting

• (a) “£69” for “£67” in each of the places where that amount is stated in paragraphs (1), (2) and (5) and

• (b) “£166” for “£162” in paragraph (1).

6

• (1) Regulation 22(3) shall be amended by substituting, for “7(2) or 9”, “7(2), (4) or 9”.[^f00003]

• (2) Regulation 22(5) shall be amended by substituting, for “regulation 9”, “regulation 7(4) or 9”.

• (3) Regulation 22(6) shall be amended by inserting, at the beginning, “Subject to paragraph (6A) below,”.

• (4) After regulation 22(6) there shall be inserted the following:—

(6A) In respect of ABWOR to which Part III of the Act applies by virtue of regulation 7(4) of the Scope Regulations, an application for approval may be refused if— (a) it appears unreasonable that approval should be granted in the particular circumstances of the case (because, for example, ABWOR is available in accordance with arrangements made by the Board under regulation 7(1)), or (b) it is not in the interests of justice that approval should be granted (because, for example, the applicable law is not unduly complex or there is no real risk of imprisonment).

7

• (1) Paragraph 9A[^f00004] of Schedule 2 shall stand as sub-paragraph (1) of that paragraph.

• (2) After paragraph 9A(1) of Schedule 2, there shall be inserted the following:—

(2) In computing disposable income, a payment made under the Community Care (Direct Payments) Act 1996[^f00005] shall be disregarded.

8

Paragraphs 3 and 4 of Schedule 6 shall be amended by substituting “(a), (c) or (d)”[^f00006] for “(a) or (c)”.

Signed

Mackay of Clashfern, C. — Dated 10th March 1997

We consent,

Richard Ottaway — Patrick McLoughlin — Two of the Lords Commissioners of Her Majesty’s Treasury — Dated 10th March 1997

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Legal Advice and Assistance Regulations 1989 so as to:—

• (a) increase, with effect from 7th April 1997, the weekly income limits for legal advice and assistance (other than assistance by way of representation “ABWOR”) from £75 to £77; for non-contributory ABWOR from £67 to £69, and for contributory ABWOR from £162 to £166;

• (b) make provision for applications for ABWOR by a person at risk of imprisonment for failure to comply with a court order;

• (c) provide that a payment made under the Community Care (Direct Payments) Act 1996 shall be disregarded in computing disposable income; and

• (d) amend the remuneration arrangements for a solicitor acting for a legally assisted person serving a sentence of detention during Her Majesty’s pleasure whose case is referred to the Parole Board under section 32(2) or 39(4) of the Criminal Justice Act 1991 (c. 53).

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. 1989/340; the relevant amending instruments are S.I. 1989/560, 1990/486, 1991/636, 2305, 1992/591, 719, 2654, 1993/790, 1994/805, 1823, 1995/795, 949 and 1996/641.

[^f00003]: The reference is to regulation 7 of the Legal Advice and Assistance (Scope) Regulations 1989 (S.I. 1989/550), of which paragraph (4) is inserted by S.I. 1997/997.

[^f00004]: Paragraph 9A of Schedule 2 to the Legal Advice and Assistance Regulations 1989 (S.I. 1989/340) was inserted by S.I. 1993/790.

[^f00005]: 1996 c. 30.

[^f00006]: The reference is to regulation 9 of the Legal Advice and Assistance (Scope) Regulations 1989 (S.I. 1989/550), of which paragraph (d) is inserted by S.I. 1997/997.