Statutory Instrument 1999 No. 2123

      The Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 3) Regulations 1999


      © Crown Copyright 1999

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STATUTORY INSTRUMENTS


1999 No. 2123

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 3) Regulations 1999

  Made 20th July 1999 
  Laid before Parliament 27th July 1999 
  Coming into force 1st September 1999 

The Lord Chancellor, in exercise of the powers conferred on him by sections 34 and 43 of the Legal Aid Act 1988[1] and section 26(3) of the Welsh Language Act 1993[2], having had regard to the matters referred to in section 34(9) of the Legal Aid Act 1988, having consulted 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 interpretation
     1.  - (1) These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 3) Regulations 1999 and shall come into force on 1st September 1999.

    (2) In these Regulations a reference to a regulation or Schedule by number alone means the regulation or Schedule so numbered in the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989[
3].

Amendments to the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989
     2.  - (1) In regulation 4(1) for "Forms" there shall be substituted "Subject to paragraph (1A), forms".

    (2) After regulation 4(1) there shall be inserted the following paragraph:

        " (1A) In respect of criminal proceedings in courts in Wales:

      (a) the Welsh language versions of Forms 1, 1A and 5 in Schedule 2 may be used where applicable; and

      (b) references in these Regulations to Forms 1, 1A and 5 shall, in each case, be construed as including a reference to the Welsh language version of that form.".

    (3) In regulation 4(2) after "Forms 1 and 5 available" insert ", and each magistrates' court in Wales shall also make the Welsh language versions of Forms 1 and 5 available,".

    
3. In regulation 55 there shall be inserted:

     4. In Schedule 2 there shall be inserted:



Signed by authority of the Lord Chancellor


Keith Vaz
Parliamentary Secretary, Lord Chancellor's Department

14th July 1999



We consent


Jane Kennedy

Clive Betts
Two of the Lords Commissioners of Her Majesty's Treasury

20th July 1999



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989 so as to:

    (a) provide that regulation 55, which restricts payments to solicitors other than out of the legal aid fund, applies only when a legal aid order is in force, except in relation to work done by the legally assisted person's solicitor or counsel before the legal aid order has been made, where regulation 44(7) applies; and

    (b) enable the use, in relation to criminal proceedings in courts in Wales, of Welsh language versions of the following prescribed forms:

      (i) Form 1 (application for legal aid);

      (ii) Form 1A (application for legal aid after death of defendant or appellant); and

      (iii) Form 5 (statement of means).

Form 1 - page 1

Form 1 - page 2

Form 1 - page 3

Form 1 - page 4

Form 1 - page 5

Form 1A - page 1

Form 1A - page 2

Form 1A - page 3

Form 1A - page 4

Form 5 - page 1

Form 5 - page 2

Form 5 - page 3

Form 5 - page 4

Form 5 - page 5

Form 5 - page 6


Notes:

[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 given to "regulations".back

[2] 1993 c. 38. Section 26(3) provides that a power conferred by an Act to specify forms of document includes a power to specify separate forms in Welsh and English.back

[3] S.I. 1989/344. The relevant amending instruments are S.I. 1991/1925, 1992/720, 1995/542 and 1998/662.back



ISBN 0 11 085108 0


 

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Prepared 26 August 1999