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Statutory Instruments

1993 No. 1117

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Legal Aid in Family Proceedings (Remuneration) (Amendment) Regulations 1993

Made

20th April 1993

Laid before Parliament

23rd April 1993

Coming into force

27th May 1993

The Lord Chancellor, in exercise of the powers conferred on him by sections 34 and 43 of the Legal Aid Act 1988(1), and all other powers enabling him in that behalf, 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. These Regulations may be cited as the Legal Aid in Family Proceedings (Remuneration) (Amendment) Regulations 1993 and shall come into force on 27th May 1993.

2. In regulation 2(1) of the Legal Aid in Family Proceedings (Remuneration) Regulations 1991(2) after sub-paragraph (c), in the definition of "prescribed family proceedings", there shall be added the following sub-paragraph:-

"(d)proceedings under sections 20 or 27 of the Child Support Act 1991(3) in the High Court, a county court or a magistrates' court. ".

Mackay of Clashfern, C.

Dated 15th April 1993

We consent,

Tim Kirkhope

Gregory Knight

Two of the Lords Commissioners of Her Majesty's Treasury

Dated 20th April 1993

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Legal Aid in Family Proceedings (Remuneration) Regulations 1991 to add certain proceedings under the Child Support Act 1991 to those which are remunerated in accordance with Schedule 2 to those Regulations where the client is legally aided. The proceedings are:

(1) appeals under section 20 of the Act from the decision of a child support officer about parentage (where such appeals are heard by a court rather than a child support appeal tribunal);

(2) references under section 27 of the Act to a court for a declaration of parentage.

(1)

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".

(2)

S.I. 1991/2038, as amended by S.I. 1991/2112 and S.I. 1992/596.

(3)

1991 c. 48; section 20 is modified by S.I. 1993/961, which provides for appeals on parentage issues to go to a court.


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URL: http://www.bailii.org/uk/legis/num_reg/1993/uksi_19931117_en.html