Citation, commencement, transitional provisions and interpretation

1.–(1) These Regulations may be cited as the Criminal Defence Service (General) (No. 2) (Amendment) Regulations 2008 and come into force–

(a) as to this regulation and regulation 2, on 6th April 2008;

(b) as to regulation 3, on 7th April 2008.

(2) An application for advice and assistance which is made before 7th April 2008 is to be dealt with as if regulation 3 had not been made.

(3) In these Regulations "the 2001 Regulations" means the Criminal Defence Service (General) (No. 2) Regulations 2001(2).

Amendments to the 2001 Regulations

2. In regulation 3(2) of the 2001 Regulations–

(a) in sub-paragraph (o) omit "and";

(b) after sub-paragraph (p) insert–

"(q) proceedings before the Crown Court or the Court of Appeal relating to serious crime prevention orders and arising by virtue of section 19, 20, 21 or 24 of the Serious Crime Act 2007(3).".

3. In regulation 5 of the 2001 Regulations–

(a) in paragraph (3), for "£201" substitute "£209";

(b) in paragraph (5), for "£95" substitute "£99".

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Criminal Defence Service (General) (No. 2) Regulations 2001 (S.I. 2001/1437), which deal with advice and assistance and representation in criminal cases funded by the Legal Services Commission as part of the Criminal Defence Service. They provide that for the purposes of such legal services, proceedings relating to serious crime prevention orders under the Serious Crime Act 2007 are to be regarded as criminal proceedings. They also provide for an increase in the financial eligibility limits for advice and assistance in respect of applications made on or after 7th April 2008.

An impact assessment has not been prepared for this instrument as it has no impact on businesses, charities or voluntary bodies.