The Legal Aid (Functions) Order 1997

Made: 20th March 1997

Coming into force

The Lord Chancellor, in exercise of the power conferred on him by section 3(4) of the Legal Aid Act 1988[^f00001], hereby makes the following Order, a draft of which has, in accordance with section 36(2)(b) of that Act, been laid before and approved by resolution of each House of Parliament:—

Citation and commencement

1

This Order may be cited as the Legal Aid (Functions) Order 1997 and shall come into force:

• (a) as to article 4, on 1st April 1997;

• (b) as to the rest of the Order, on the day following the day on which it was made.

Interpretation

2

Any reference in this Order to a section or Part by number alone means a section or Part so numbered in the Legal Aid Act 1988.

Functions of assessing costs in civil cases

3

The general function conferred on the Legal Aid Board by section 3(2) shall include the function mentioned in section 3(4)(a) to the extent required to enable the Board to conduct any assessment of the costs of representation under Part IV which regulations made under section 34(2)(e) provide for it to conduct, and any review or appeal arising from such an assessment.

Functions of determining financial resources

4

The general function conferred on the Legal Aid Board by section 3(2) shall include the function mentioned in section 3(4)(d) to the extent required to enable the Board to determine the financial resources of any person where regulations made under section 34(2)(c) provide for it to do so.

Signed

Mackay of Clashfern , C. — Dated 20th March 1997

Explanatory note

(This note is not part of the Order)

This Order confers on the Legal Aid Board the functions of assessing:

• (a) the costs of representation in civil proceedings, and

• (b) the resources of any person, for any of the purposes of the Legal Aid Act 1988;

when required to do so by regulations.

Footnotes

[^f00001]: 1988 c. 34.