Statutory Instrument 1994 No. 805

The Legal Advice and Assistance (Amendment) Regulations 1994

---

© Crown Copyright 1994

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Legal Advice and Assistance (Amendment) Regulations 1994, ISBN 0110438051. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1994 No. 805

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Legal Advice and Assistance (Amendment) Regulations 1994

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, hereby makes the following Regulations:

Citation and commencement
    1.    These Regulations may be cited as the Legal Advice and Assistance (Amendment) Regulations 1994 and shall come into force on 11th April 1994.

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

Transitional Provisions
    3.    These Regulations shall apply to applications for advice and assistance made on or after 11th April 1994 and applications made before that date shall be treated as if these Regulations had not come into force.

Amendments of the Legal Advice and Assistance Regulations 1989
    4.    In the Arrangement of Regulations, after the reference to regulation 5 there shall be inserted the following:—
    "5A.    ABWOR in proceedings before a Mental Health Review Tribunal." .

    5.    After regulation 5 there shall be inserted the following:—

"ABWOR in proceedings before a Mental Health Review Tribunal
    5A.    ABWOR to which Part III of the Act applies by virtue of regulation 9(a) of the Scope Regulations^[3] (proceedings before a Mental Health Review Tribunal) shall be available without reference to the client's financial resources." .

    6.    Regulation 11 shall be amended by substituting "£70" for "£61" in paragraph (1), and "£153" for "£147" in paragraph (2).

    7.    Regulation 12 shall be amended as follows:—
 (a) in paragraphs (1), (2) and (5) for "£61" there shall be substituted "£63";
 (b) in paragraph (1) for "£147" there shall be substituted "£153";
 (c) in paragraph (5) after "contribution" there shall be inserted "towards the cost of ABWOR";
 (d) after paragraph (5) there shall be inserted the following:—
"  (6)  A client shall in no case be liable to pay any contribution towards the cost of advice and assistance other than ABWOR." .

Mackay of Clashfern, C.

Dated 14th March 1994
We consent,

Andrew Mackay

Irvine Patnick

Two of the Lords Commissioners of Her Majesty's Treasury

Dated 17th March 1994

These Regulations amend the Legal Advice and Assistance Regulations 1989 by—
    (1)  abolishing the means test for assistance by way of representation in proceedings before a Mental Health Review Tribunal;

    (2)  increasing the income limit for eligibility for legal advice and assistance (other than by way of representation) from £61 to £70 per week;

    (3)  increasing the income limit for non-contributory assistance by way of representation from £61 to £63 per week;

    (4)  increasing the income limit for eligibility for assistance by way of representation from £147 to £153 per week.

[1] 1988 c. 34; sections 9, 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. 1989/340, as amended by S.I. 1989/560, S.I. 1990/486, S.I. 1991/636 and 2305, S.I. 1992/591, 719 and 2654 and S.I. 1993/790. back

[3] This refers to the Legal Advice and Assistance (Scope) Regulations 1989 (S.I. 1989/550), as amended by S.I. 1990/1477 and S.I. 1992/2874. back