Statutory Instrument 1993 No. 1895

The Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 2) Regulations 1993

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1993 No. 1895

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 2) Regulations 1993

The Lord Chancellor, in exercise of the powers conferred on him by sections 23(3), 34 and 43 of the Legal Aid Act 1988 ^[1], and with the consent of the Treasury, hereby makes the following Regulations:—

Citation and commencement
    1.    These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 2) Regulations 1993 and shall come into force on 1st September 1993.

Interpretation
    2.    In these Regulations a regulation or Schedule or Form referred to by number alone means a regulation or Schedule or Form so numbered in the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989^[2].

Amendment of the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989
    3.    Regulation 12(1) shall be amended by substituting for the words from "namely" to "ineligible for legal aid" the following:—
"namely that it does not appear to the court or the justices' clerk—
(a) desirable to make an order in the interests of justice; or

(b) that the applicant's disposable income and disposable capital are such that, in accordance with regulation 26(1), he is eligible for legal aid," .

    4.    Regulation 19(1) shall be amended by substituting for the words from "namely" to "ineligible for legal aid" the following:—
"namely that it does not appear to the officer, the court or the justices' clerk—
(a) desirable to make an order in the interests of justice; or

(b) that the applicant's disposable income and disposable capital are such that, in accordance with regulation 26(1), he is eligible for legal aid," .

    5.    In regulation 23—
 (a) for paragraphs (1) and (2) there shall be substituted:—
"  (1)  A statement of means submitted by an applicant or an appropriate contributor shall be in Form 5 and shall be accompanied by supporting documentary evidence in respect of such matters as may be specified in that Form.

    (2)  Subject to paragraphs (3) and (4), where an applicant does not submit a statement of means and supporting documentary evidence when he applies for legal aid, the proper officer or the court to which the application is being made shall—
(a) require him to do so;

(b) in the case of failure to submit supporting documentary evidence, require him either to do so or to provide an explanation in writing of the reasons why it is not reasonably practicable to do so." ;

 (b) paragraph (3) shall be amended by inserting after "statement of means" the words "and supporting documentary evidence".

    6.    In regulation 24—
 (a) paragraph (1) shall be amended by adding after "to provide" the word "further";
 (b) for paragraph (2) there shall be substituted the following paragraphs:—
"  (2)  Where representation is granted to an applicant who provided a reasonable explanation of why, at the time of submission of the statement of means, he was unable to provide documentary evidence, the court or proper officer may subsequently require the assisted person to provide documentary evidence where it appears that he is no longer unable to do so.

    (3)  Where, pursuant to paragraph (2), documentary evidence is provided, the determination or redetermination of any contribution payable or the amount of any contribution order, shall be in accordance with regulations 32 and 33." .

    7.    Regulation 26 shall be amended—
 (a) by inserting in paragraph (2)(a) after "statement of means" the words "and supporting documentary evidence";
 (b) by substituting in paragraph (2)(b) for the words "paragraph (3)" the words "paragraphs (2A) and (3)";
 (c) by inserting after paragraph (2) the following new paragraph:—
"  (2A)  Where the documentary evidence or information which an applicant or legally assisted person or appropriate contributor is required to produce under regulations 23 or 24(1) is deficient and no reasonable explanation is given for the deficiency, the court or proper officer may—
(a) refuse representation if the court or proper officer considers, on the basis of the information available, that the applicant's financial resources are not such that he requires assistance; or

(b) deem his disposable income and disposable capital as exceeding the limits below which no contribution is payable by virtue of Schedule 4, and fix the contribution payable by him at such an amount as the court or the proper officer may determine or (in the case of a legally assisted person) redetermine." .

    8.    Regulation 41(1) shall be amended by adding at the end of sub-paragraph (c) the following sub-paragraph:—
"(d) where further evidence required under regulation 24(2) is not provided or, when provided, it appears to the court or proper officer that the legally assisted person's resources are not such that he requires assistance." .

    9.    After regulation 55 there shall be inserted the following new regulation:—

"Duty to report abuse of legal aid
    56.    Notwithstanding the relationship between or rights of a legal representative and client or any privilege arising out of such relationship, where the legal representative for an applicant or legally assisted person knows that that person has intentionally failed to comply with any provision of regulations made under the Act concerning the information to be furnished by him or in furnishing such information has knowingly made a false statement or false representation, the legal representative shall forthwith report the fact to the proper officer." .

    10.    Form 2 shall be amended by inserting at the beginning of (b) the words "from the evidence available as to your financial resources".

    11.    For Form 5 there shall be substituted the Form contained in the Schedule to these Regulations.

Mackay of Clashfern,
C.

Dated 26th July 1993
We consent,

Tim Kirkhope

Tim Wood

Two of the Lords Commissioners of Her Majesty's Treasury

Dated 26th July 1993

[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 meanings assigned to the words "prescribed" and "regulations". back

[2] S.I. 1989/344, as amended by S.I. 1990/489, S.I. 1991/637 and 1925, S.I. 1992/720 and S.I. 1993/789. back

Explanatory Note