Statutory Instruments

1999 No. 3299

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Legal Advice and Assistance at Police Stations (Remuneration) (Amendment) (No. 2) Regulations 1999

Made

9th December 1999

Laid before Parliament

10th December 1999

Coming into force

31st December 1999

The Lord Chancellor, in exercise of the powers conferred upon him by sections 34 and 43 of the Legal Aid Act 1988(1), 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 and commencement

1. These Regulations may be cited as the Legal Advice and Assistance at Police Stations (Remuneration) (Amendment) (No. 2) Regulations 1999 and shall come into force on 31st December 1999.

Interpretation

2. In these Regulations a regulation referred to by number alone means the regulation so numbered in the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989(2).

Amendments to the 1989 Regulations

3.-(1) In regulation 5(5), after "paragraph (4)(b) and (c)" there shall be inserted "but excluding any supplement allowed under paragraph (8)".

(2) After regulation 5(7) there shall be inserted the following new paragraph:-�

"(8) The determining officer shall allow a supplement in respect of work done under paragraph (1) on 31st December 1999 or 1st January 2000, equal to one half of the fees allowed under the Schedule.".

David Lock

Parliamentary Secretary,

Lord Chancellor's Department

Dated 8th December 1999

We consent,

Jim Dowd

David Jamieson

Two of the Lords Commissioners of Her Majesty's Treasury

Dated 9th December 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations allow a supplementary fee in respect of work done by duty solicitors or own solicitors at police stations on 31st December 1999 or 1st January 2000. The supplementary fee is equal to 50% of the basic fee, and is not taken into account in deciding whether the costs incurred are likely to exceed the limit prescribed by regulation 4(1)(a) of the Legal Advice and Assistance Regulations 1989(3) (at present £90).

(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. 1989/342; relevant amending instruments are S.I. 1994/1824 and 3303.

(3)

S.I. 1989/340.