Statutory Instruments
1996 No. 2656

LEGAL AID AND ADVICE, ENGLAND AND WALES
The Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 5) Regulations 1996

Made
11th October 1996

Laid before Parliament
18th October 1996

Coming into force
1st January 1997

The Lord Chancellor, in exercise of the powers conferred on him by sections 2, 34 and 43 of the Legal Aid Act 1988(1), hereby makes the following Regulations:—

Citation and commencement

1.  These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 5) Regulations 1996 and shall come into force on 1st January 1997.

Interpretation

2.  In these Regulations a regulation referred to by number alone means a regulation so numbered in the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989(2).

Amendment of the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989

3.  Regulation 3 shall be amended by inserting after paragraph (2) the following paragraphs:—

“(3) In these Regulations (including the forms contained in Schedule 2) unless the context otherwise requires—

(a)references to a solicitor shall be construed as extending to any authorised litigator as defined by section 119(1) of the Courts and Legal Services Act 1990(3);

(b)references to counsel shall be construed as extending to any authorised advocate as defined by section 119(1) of the Courts and Legal Services Act 1990.

(4) Paragraph (3) shall not apply in the interpretation of regulations 44(4) to (6) and 47.”

4.  Regulation 44 shall be amended by the substitution for paragraph (1) of the following paragraph:—

“(1) Subject to the following paragraphs of this regulation, a grant of representation shall provide for the services of two legal representatives, whether expressed as such or in equivalent terms, namely solicitor and counsel or authorised litigator and authorised advocate.”

Mackay of Clashfern, C.
Dated 11th October 1996

Explanatory Note

(This note is not part of the Regulations)
These Regulations amend the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989 by allowing legal aid orders to provide for the services of authorised litigators and authorised advocates, and by providing that references in those Regulations to solicitors and barristers extend to authorised litigators and authorised advocates respectively.


(1)
1988 c. 34; sections 2 and 34 were amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraphs 61 and 63. Section 43 is an interpretation provision and is cited because of the meanings assigned to the words “prescribed” and “regulations”.

(2)
S.I. 1989/344, as amended by S.I. 1991/1925, 1992/720, 1993/789, 1995/542 and 1996/1258 and 2307.

(3)
1990 c. 41.