Statutory Instrument 2001 No. 617

The Civil Legal Aid (General) (Amendment) Regulations 2001

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

2001 No. 617

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Civil Legal Aid (General) (Amendment) Regulations 2001

	Made	28th February 2001
	Laid before Parliament	2nd March 2001
	Coming into force	1st April 2001

The Lord Chancellor, in exercise of the powers conferred on him by section 34 of the Legal Aid Act 1988[1], having consulted the Magistrates's Courts Rule Committee, hereby makes the following Regulations: -

1.These Regulations may be cited as the Civil Legal Aid (General) (Amendment) Regulations 2001 and shall come into force on 1st April 2001.

2.In regulations 54(4) and 89(a) of the Civil Legal Aid (General) Regulations 1989[2] for the words "clerk to the justices", in each place where they occur, there shall be substituted the words "justices' chief executive".

Irvine of Lairg,
C.

28th February 2001

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Civil Legal Aid (General) Regulations 1989 to transfer the administrative functions of justices' clerks under the Regulations to justices' chief executives in line with sections 90 (transfer of clerks' functions to chief executives) and 91 (accounting etc. functions of chief executives) of, and Schedule 13 to, the Access to Justice Act 1999 which make corresponding transfers in primary legislation.

Subsection (5) of section 90 provides that for the purposes of that section the administrative functions of justices' clerks are all of their functions apart from those which are legal functions within the meaning given by section 48(2) of the Justices of the Peace Act 1997 (c. 25), as substituted by section 89(1) of the 1999 Act.

Notes:

[1] 1988 c. 34; see the definition of "regulations" in section 43. Section 34 is repealed by section 106 of, and Part I of Schedule 15 to, the Access to Justice Act 1999 (c. 22) but this repeal is subject to the saving in article 5 of the Access to Justice Act 1999 (Commencement No. 3, Transitional Provisions and Savings) Order 2000 (S.I. 2000/774).back

[2] S.I. 1989/339. The relevant amending instrument is S.I. 1994/1822.back

ISBN 0 11 028902 1

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