Statutory Instrument 1992 No. 2874

The Legal Advice and Assistance (Scope) (Amendment) Regulations 1992

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© Crown Copyright 1992

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1992 No. 2874

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Legal Advice and Assistance (Scope) (Amendment) Regulations 1992

Whereas a draft of the above Regulations has been laid before and approved by resolution of each House of Parliament:Now, therefore, the Lord Chancellor, in exercise of the powers conferred on him by sections 8 and 43 of the Legal Aid Act 1988^[1] hereby makes the following Regulations:—

    1.—(1)  These Regulations may be cited as the Legal Advice and Assistance (Scope) (Amendment) Regulations 1992 and shall come into force on 23rd November 1992.

    (2)  In these Regulations a regulation referred to by number means the regulation so numbered in the Legal Advice and Assistance (Scope) Regulations 1989^[2].

    2.    Regulation 2 shall be amended as follows—
 (a) the definition of "board of visitors" shall be deleted;
 (b) after the definition of "conveyancing services" the following definitions shall be inserted—
""discretionary life prisoner" has the meaning assigned by section 34(1) of the Criminal Justice Act 1991^[3];
"governor" has the meaning assigned by rule 99 of the Prison Rules 1964^[4];" ;

 (c) after the definition of "mental disorder" the following definition shall be inserted—
""the Parole Board" has the meaning assigned by section 32 of the Criminal Justice Act 1991;" .

    3.    In regulation 9, for sub-paragraph (b) there shall be substituted the following—
"(b) to a prisoner who has been permitted by the governor to be legally represented in proceedings before him;

(c) to a discretionary life prisoner whose case is referred to the Parole Board under sections 34(4) or (5) or 39(4) of the Criminal Justice Act 1991." .

Mackay of Clashfern,
C.

Dated 17th November 1992

These Regulations amend the Advice and Assistance (Scope) Regulations 1989 by—
(a) substituting a reference to disciplinary proceedings before a prison governor for references to proceedings before a board of visitors; this is consequential on changes to the Prison Rules 1964;

(b) extending the scope of assistance by way of representation (ABWOR) to proceedings before the Parole Board under the Criminal Justice Act 1991 in respect of discretionary life prisoners.

[1] 1988 c. 34; section 43 is an interpretation provision and is cited because of the meaning assigned to the word "regulations". There are amendments to the Act not relevant to this instrument. back

[2] S.I. 1989/550; there are amendments not relevant to this instrument. back

[3] 1991 c. 53. back

[4] S.I. 1964/388, as amended by paragraph 18 of the Schedule to the Prison (Amendment) Rules 1992, S.I. 1992/514. back