Statutory Instrument 1994 No. 3303

The Legal Advice and Assistance at Police Stations (Remuneration) (Amendment) (No.2) 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 at Police Stations (Remuneration) (Amendment) (No.2) Regulations 1994, ISBN 0110438833. 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. 3303

LEGAL AID AND ADVICE, ENGLAND

The Legal Advice and Assistance at Police Stations (Remuneration) (Amendment) (No.2) Regulations 1994

The Lord Chancellor, in exercise of the powers conferred on 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 consulted with the General Council of the Bar and the Law Society, and with the consent of the Treasury, hereby makes the following Regulations:—

Citation, commencement and transitional provisions
    1.—(1)  These Regulations may be cited as the Legal Advice and Assistance at Police Stations (Remuneration) (Amendment) (No.2) Regulations 1994 and shall come into force on 1st February 1995.

    (2)  These Regulations shall apply to advice and assistance given on or after 1st February 1995.

    2.    Regulation 2 of the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989^[2] shall be amended as follows:—
 (a) by inserting in the definition of "contract" after "section 4 of the", "1988";
 (b) by substituting in the definition of "duty solicitor scheme" for "under regulation 6" the words "under section 4 of the 1988 Act for the purposes of regulation 6(3)";
 (c) by inserting in the definition of "own solicitor" after "a solicitor" the words ", and any representative of a solicitor,";
 (d) by inserting after the definition of "own solicitor" the following definition:—
""own solicitor representatives scheme" means any arrangements made by the Board under section 4 of the 1988 Act applicable to representatives of own solicitors;" .

    3.    Regulation 5 of the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989 shall be amended as follows:—
 (a) by inserting in paragraph (2)(a) after "duty solicitor or" the words ", subject to paragraph (2A),";
 (b) by inserting after paragraph (2) the following paragraph:—
"  (2A)  The determining officer shall not allow any charges or fees for advice or assistance given by a representative of an own solicitor to whom any own solicitor representatives scheme applies unless he was registered under and met the other requirements of the scheme when the advice or assistance was given." ;

 (c) by substituting in paragraph (4) for "paragraph (5)" the words "paragraphs (2A) and (5)".

Mackay of Clashfern,
C.

Dated 14th December 1994
We consent,

Tim Wood

Timothy Kirkhope

Two of the Lords Commissioners of Her Majesty's Treasury

Dated 19th December 1994

These Regulations amend the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989. Fees and charges for advice and assistance given at police stations by a representative of the client's own solicitor will only be allowed where the representative is registered under and meets the requirements specified in arrangements made by the Legal Aid Board.

The arrangements, the "Legal Aid Board Legal Advice and Assistance at Police Stations Register Arrangements 1994" (which also contain provisions relevant to duty solicitor representatives) are published and available from the Legal Aid Board, 85 Gray's Inn Road, London WC1X 8AA.

[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". back

[2] S.I. 1989/342 as amended by S.I. 1992/592 and 1994/1824. back