Statutory Instruments
LEGAL AID AND ADVICE, ENGLAND AND WALES
Made
9th June 1997
Laid before Parliament
10th June 1997
Coming into force
1st July 1997
The Lord Chancellor, in exercise of the powers conferred on him by sections 25(2), 34 and 43 of the Legal Aid Act 1988(1), having had regard to the matters specified in section 34(9) and having consulted the General Council of the Bar and the Law Society and with the consent of the Treasury, hereby makes the following Regulations:-
1. These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 2) Regulations 1997 and shall come into force on 1st July 1997.
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(2).
3. In the Arrangement of Regulations, the following shall be inserted after the entry relating to regulation 54:-
"54A. Prior approval for travelling and accommodation expenses".
4. The following shall be inserted after regulation 54:-
54A. A legal representative assigned to a legally assisted person in any proceedings in the Crown Court may apply to the appropriate authority for prior approval for the incurring of travelling and accommodation expenses in order to attend at the trial or other main hearing in those proceedings.".
Irvine of Lairg, C.
Dated 4th June 1997
We consent
Jim Dowd
Graham Allen
Two of the Lords Commissioners of Her Majesty's Treasury
Dated 9th June 1997
(This note is not part of the Regulations)
These Regulations amend the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989 to allow an authorised advocate or authorised litigator to apply to the appropriate authority for prior approval for travelling and accommodation expenses to be incurred by him in order to attend the main trial or main hearing in a Crown Court case in which he is instructed.
1988 c. 34; sections 25(2), 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".
S.I. 1989/344.