Statutory Instruments

1998 No. 2727

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Legal Advice and Assistance (Amendment) (No. 2) Regulations 1998

Made

4th November 1998

Laid before Parliament

6th November 1998

Coming into force

1st December 1998

The Lord Chancellor, in exercise of the powers conferred on him by sections 9, 34 and 43 of the Legal Aid Act 1988(1), and with the consent of the Treasury, makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Legal Advice and Assistance (Amendment) (No. 2) Regulations 1998 and shall come into force on 1st December 1998.

Interpretation

2. In these Regulations a reference to a regulation by number alone means the regulation so numbered, and "Arrangement of Regulations" means the Arrangement of Regulations in the Legal Advice and Assistance Regulations 1989(2).

Amendments to Legal Advice and Assistance Regulations 1989

3. In regulation 7(1) for "7(2) and (4)" there shall be substituted "7(2), (4), (5) and (6)"(3).

4. In regulation 22(3) for "7(2), (4) or 9" there shall be substituted "7(2), (4), (5), (6), 8A or 9".

5. In regulation 22(5) for "7(4) or 9" there shall be substituted "7(4), (5), (6), 8A or 9".

6. In regulation 22(6A):

(a)for "7(4)" there shall be substituted "7(4), (5) or (6)";

(b)in sub-paragraph (b), after "is not unduly complex or" there shall be inserted ", where Part III of the Act applies by virtue of regulation 7(4) of the Scope Regulations,".

Irvine of Lairg, C.

Dated 28th October 1998

We consent

Jim Dowd

Bob Ainsworth

Two of the Lords Commissioners of Her Majesty's Treasury

Dated 4th November 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations make amendments to the Legal Advice and Assistance Regulations 1989 as a consequence of the extension, by the Legal Advice and Assistance (Scope) (Amendment) Regulations 1998, of the scope of assistance by way of representation (ABWOR) to include various proceedings, including appeals, involving anti-social behaviour orders, sex offender orders, child safety orders and parenting orders under the Crime and Disorder Act 1998.

(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 given to "regulations".

(2)

S.I. 1989/340. The relevant amending instruments are S.I. 1990/486 and S.I. 1997/751.

(3)

The reference is to regulation 7 of the Legal Advice and Assistance (Scope) Regulations 1989, of which regulation 7(4) was inserted by S.I. 1997/997 and regulation 7(5) and (6) was inserted by the Legal Advice and Assistance (Scope) (Amendment) Regulations 1998.