The Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) (No. 3) Regulations 1997

Link to law: http://www.legislation.gov.uk/uksi/1997/1484/made/data.htm?wrap=true
Published: 1997-06-09

Statutory Instruments
1997 No. 1484

LEGAL AID AND ADVICE, ENGLAND AND WALES
The Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) (No. 3) Regulations 1997

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:—

Citation and commencement

1.  These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) (No. 3) Regulations 1997 and shall come into force on 1st July 1997.

Interpretation

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 (Costs) Regulations 1989(2).

Amendments to the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989

3.  The following shall be inserted after regulation 4G(6):—

“(6A) A legal representative who has obtained prior approval under regulation 54A of the General Regulations(3) for the incurring of travelling or accommodation expenses may, at the same time as he submits a claim for an interim payment under this regulation, submit a claim for interim payment of all such expenses incurred to date (less any expenses previously recovered by him by way of interim payment under this paragraph).

(6B) A claim under paragraph (6A) shall be submitted in such form and manner as the appropriate authority may direct, and shall be supported by such evidence of the expenses claimed as the appropriate authority may require.”.

4.  The following shall be substituted for regulation 14(1)(c):—

“(c)an authorised advocate in proceedings in the Crown Court is dissatisfied with the decision not to allow one of the following fees, or with the number of hours allowed in the calculation of such a fee, namely:—

(i)a special preparation fee under paragraph 17 of Schedule 3;

(ii)a wasted preparation fee under paragraph 18 of Schedule 3; or

(iii)an hourly fee under either paragraph of paragraph 19(1) of Schedule 3.”.

5.  In Part II of Schedule 2, in Table 1 (following paragraph 5), for the second entry in the right-hand column there shall be substituted “Maximum amount: £110”.

6.  In paragraph 24 of Schedule 3, after “the person instructed to appear” there shall be inserted “has obtained prior approval under regulation 54A of the General Regulations for the incurring of such expenses or”.

7.  In the Table following paragraph 24 of Schedule 3, in the second column of the entry relating to “Obstructing engine or carriage on railway” in Class H, after “Malicious Damage Act 1861” there shall be inserted “section 36”.

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

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989:—
(a)to allow authorised advocates and authorised litigators to claim an interim payment in respect of travelling and accommodation expenses incurred by them with the prior approval of the appropriate authority;
(b)to make a consequential amendment to the provision for allowing travelling and other expenses in the final determination of costs;
(c)to allow redeterminations and appeals where an authorised advocate has claimed a wasted preparation fee or a fee for attendance at a conference with an expert or for travelling to or from a prison for a conference with the legally assisted person;
(d)to correct the effect of two printing errors in the Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) (No. 2) Regulations 1996.


(1)
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”.

(2)
S.I. 1989/343, as amended by S.I. 1996/2655.

(3)
S.I. 1989/344: regulation 54A was inserted by S.I. 1997/1485.
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