Statutory Instruments
1996 No. 641
LEGAL AID AND ADVICE, ENGLAND AND WALES
The Legal Advice and Assistance (Amendment) (No.2) Regulations 1996
Made
7th March 1996
Laid before Parliament
11th March 1996
Coming into force
All provisions except regulations 2(1) and 3
1st April 1996
Regulations 2(1) and 3
8th April 1996
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 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:—
Citation, commencement and interpretation provisions
1.—(1) These Regulations may be cited as the Legal Advice and Assistance (Amendment) (No.2) Regulations 1996 and shall come into force on 1st April 1996 except for regulations 2(1) and 3 which shall come into force on 8th April 1996.
(2) In regulations 3 and 4, a regulation or Schedule referred to by number means the regulation or Schedule so numbered in the Legal Advice and Assistance Regulations 1989(2).
Transitional provisions
2.—(1) Regulation 3 shall apply to applications for advice and assistance made on or after 8th April 1996 and applications made before that date shall be treated as if these Regulations had not come into force.
(2) Regulation 4 shall apply for the purposes of work done on or after 1st April 1996 to which the Legal Advice and Assistance Regulations 1989 apply.
Amendments to the Legal Advice and Assistance Regulations 1989
3.—(1) Regulation 11 shall be amended by substituting
(a)“£75” for “£72” in paragraph (1) and
(b)“£162” for “£156” in paragraph (2).
(2) Regulation 12 shall be amended by substituting
(a)“£67” for “£64” in each of the places where that amount is stated in paragraphs (1), (2) and (5) and
(b)“£162” for “£156” in paragraph (1).
4. Schedule 6 shall be amended by substituting—
(a)for the Table following paragraph 1, the following
Class of work
Rate
Preparation
£44.00 per hour —
(£46.50 per hour for a fee-earner whose office is situated within legal aid area 1)
Advocacy
£55.25 per hour
Attendance at court where counsel assigned
£30.00 per hour
Travelling and waiting
£24.50 per hour
Routine letters written and routine telephone calls
£3.40 per item —
(£3.55 per item for a fee-earner whose office is situated within legal aid area 1)
(b)for the Table following paragraph 2, the following
Class of work
Rate
Preparation
£45.50 per hour —
(£48.25 per hour for a fee-earner whose office is situated within legal aid area 1)
Advocacy
£57.25 per hour
Attendance at court where counsel assigned
£31.00 per hour
Travelling and waiting
£25.50 per hour
Routine letters written and routine telephone calls
£3.55 per item —
(£3.70 per item for a fee-earner whose office is situated within legal aid area 1)
(c)for the Table following paragraph 3, the following
Class of work
Rate
Preparation
£52.75 per hour —
(£56.25 per hour for a fee-earner whose office is situated within legal aid area 1)
Advocacy
£64.00 per hour
Attendance at court where counsel assigned
£30.00 per hour
Travelling and waiting
£24.50 per hour
Routine letters written and routine telephone calls
£3.75 per item
(d)for the Table following paragraph 4, the following
Class of work
Rate
Preparation
£54.50 per hour —
(£58.25 per hour for a fee-earner whose office is situated within legal aid area 1)
Advocacy
£66.25 per hour
Attendance at court where counsel assigned
£31.00 per hour
Travelling and waiting
£25.50 per hour
Routine letters written and routine telephone calls
£3.90 per item
Mackay of Clashfern, C.
Dated 5th March 1996
We consent,
Simon Burns
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 7th March 1996
Explanatory Note
(This note is not part of the Regulations)
These Regulations amend the Legal Advice and Assistance Regulations 1989.
Regulation 3 increases, with effect from 8th April 1996, the income limits for legal advice and assistance (other than assistance by way of representation “ABWOR”) from £72 to £75; for non-contributory ABWOR from £64 to £67, and for contributory ABWOR from £156 to £162.
Regulation 4 provides increased rates of remuneration for legal advice and assistance given on or after 1st April 1996.
(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”.
(2)
S.I. 1989/340; the relevant amending instruments are S.I. 1989/560, 1990/486, 1991/636, 2305, 1992/591, 719, 2654, 1993/790, 1994/805, 1823, 1995/795 and 949.
