The Civil Legal Aid (General) (Amendment) (No. 2) Regulations 1991

Contents

1Citation, commencement and transitional provisions#

(1)These Regulations may be cited as the Civil Legal Aid (General) (Amendment) (No. 2) Regulations 1991.

(2)Regulation 20 shall come into force on 1st October 1991 and all other regulations shall come into force on 14th October 1991.

(3)Subject to paragraph (4), these Regulations shall apply to proceedings commenced on or after 14th October 1991 and the provisions of the Civil Legal Aid (General) Regulations 1989 shall apply in relation to proceedings commenced before that date as if these Regulations had not been made.

(4)Regulation 20 shall apply to any taxation carried out on or after 1st October 1991.

2Interpretation#

In these Regulations a regulation referred to by number means a regulation so numbered in the Civil Legal Aid (General) Regulations 1989.

3Amendment of the Legal Aid Act 1988#

After paragraph (b) of section 15(3A) of the Act there shall be inserted the word “or” and then the following new paragraph:—“c to a guardian ad litem,”

4Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

In regulation 3—

(a)after the definition of “emergency certificate” there shall be inserted the following new definition:—“• “family proceedings” has the meaning assigned by section 32 of the Matrimonial and Family Proceedings Act 1984;”

(b)the definition of “matrimonial proceedings” shall be omitted;

(c)after the definition of “patient” there shall be inserted the following new definition:—“• “special Children Act proceedings” means proceedings under the Children Act 1989 for which representation must be granted to the applicant regardless of sections 15(1) to (3) of the Act;”

5Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

After regulation 3 there shall be inserted the following new regulation:—“3A Representation under Part IV of the Act shall not be available to any body acting in a representative, fiduciary or official capacity for the purposes of proceedings under the Children Act 1989.”

6Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

At the beginning of regulation 12 there shall be inserted the words “Subject to regulation 12A,”.

7Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

Regulations 12(2), 21(2), 45(3), 50(5), and 82(4) shall be omitted.

8Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

After regulation 12 there shall be inserted the following new regulation:—“12A 1 Where a person is entitled to legal aid for special Children Act proceedings, his solicitor shall lodge with the Area Director an application on a form approved by the Board at the first available opportunity and in any event within three working days of receiving instructions to act for that person in such proceedings.2 The application shall—a state the name of the solicitor selected by the applicant to act for him; andb contain a statement signed by the solicitor to the effect that legal aid is sought in respect of proceedings to which section 15(1) to (3) of the Act do not apply.3 Work done by a solicitor in relation to special Children Act proceedings prior to the issue of a certificate shall be deemed to be work done while such a certificate is in force provided that the application was lodged at the first available opportunity and in any event within the time specified in paragraph (1).”

9Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

At the beginning of regulation 18(1) there shall be inserted the words “Subject to section 15(3B) to (3D) of the Act and”.

10Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

For regulation 28 there shall be substituted the following new regulation:—“28 1 Without prejudice to the generality of sections 15(2) to (3C) and (3E) of the Act and subject to paragraph (2), an application for a certificate shall only be approved after the Area Director has considered all the questions of fact or law arising in the action, cause or matter to which the application relates and the circumstances in which the application was made.2 Where the application relates to proceedings to which section 15(3B), (3C) or (3E) of the Act apply, provided that the Area Director is satisfied that it does so relate and subject to regulation 27 (where applicable) he shall grant the application andParts IV and V of these Regulations shall apply with any necessary modifications.”

11Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

In regulation 42 for the words “proceedings where an undertaking under regulation 12(2) has been given or” there shall be substituted “special Children Act proceedings or proceedings”.

12Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

In regulation 46—

(a)At the beginning of paragraph (2) there shall be inserted the words “Except in the case of special Children Act proceedings”;

(b)For sub-paragraph (3)(a) there shall be substituted the following new sub-paragraph:—“a family proceedings; or”

(c)sub-paragraphs (3)(b) and (c) shall be omitted.

13Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

In regulation 47 for the words “matrimonial proceedings or authorised summary proceedings” there shall be substituted “family proceedings”.

14Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

At the beginning of regulation 76(3) there shall be inserted the words “Subject to section 15(3B) to (3D) of the Act,”.

15Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

In regulation 94(d):—

(a)sub-paragraphs (iv) and (vii) shall be omitted;

(b)in sub-paragraph (vi) the words “, 11(2)(b) or (3)(b)” shall be omitted;

(c)in sub-paragraph (viii) for the words “section 34(1)(c) or 35 of the Children Act 1975” there shall be substituted “the provisions of Schedule 1 to the Children Act 1989”.

16Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

In regulation 96(1) the word “or” at the end of sub-paragraph (b) shall be omitted, there shall be inserted after “1975” in paragraph (c) “; or” and at the end of that paragraph there shall be inserted the following new sub-paragraph:—“d Schedule 1 to the Children Act 1989,”

17Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

In regulation 96(3)(b) and regulation 97(4) for the words “12 per cent” there shall be substituted “11 per cent”.

18Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

For regulation 104 there shall be substituted the following new regulation:—“104 1 The sums to be allowed to legal representatives in connection with authorised summary proceedings shall be assessed by the Area Director.2 In the case of any family proceedings any assessment, review or taxation shall be made in accordance with the Legal Aid in Family Proceedings (Remuneration) Regulations 1991 and Part XII of these Regulations shall apply subject to the provisions of those Regulations.3 In the case of authorised summary proceedings which are not family proceedings any assessment, review or appeal under this regulation shall be madein accordance with the provisions of regulation 6 of and Schedule 1 Part Iparagraph 1(1)(a) to the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989 as if the work done was work to which these provisions apply, save that paragraphs 2 and 3 of Schedule 1, Part I shall not apply.4 Paragraphs (4) to (8) of regulation 105 and regulation 105A shall apply where costs are assessed by an Area Director under paragraph (1) as they apply to an assessment under that regulation.5 Subject to paragraph (4), regulations 105 to 110 shall not apply to costs in respect of authorised summary proceedings.”

19Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

After regulation 105 there shall be inserted the following new regulation—“105A 1 Where an assisted person has a financial interest in any assessment, review or appeal under this regulation he shall have a right to make written representations to the Area Director, appropriate area committee or committee appointed by the Board as the case may be within 21 days of being notified of the right to make such representations.2 On an assessment it shall be the duty of an assisted person’s solicitor—a to supply him with a copy of his bill;b to inform him of any financial interest he may have in the assessment, the extent of any such interest and his right to make written representations; andc to endorse on the bill whether or not the assisted person has a financial interest in the assessment and that he has complied with sub-paragraphs (a) and (b) above.3 Where a legal representative wishes to apply for a review of the assessment of the Area Director or appeal against a decision of the area committee under regulation 105 and the assisted person has exercised his right to make representations prior to the assessment, the legal representative shall notify him of the decision to be reviewed or appealed, the grounds of appeal and his right to make further written representations.”

20Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

In regulation 109—

(a)for paragraph (1) there shall be substituted the following new paragraph:—

21Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

For Regulation 119 there shall be substituted the following new regulation—“119 1 It shall be the duty of an assisted person’s solicitor—a to supply him with a copy of his bill;b to inform him of any financial interest he may have in the taxation, the extent of any such interest and the steps which can be taken to safeguard that interest and, if the assisted person so requests, to give notice in accordance with rules of court to the taxing officer that the assisted person has such an interest; andc to endorse on the bill whether or not the assisted person has a financial interest in the taxation and that he has complied with sub-paragraphs (a) and (b) above.2 Where the assisted person has a financial interest in the taxation he shall not be required to make any contribution to the fund on account of the costs of the taxation proceedings and the charge created by section 16(6) of the Act shall not apply in relation to any resulting increase in the net liability of the fund arising out of the costs of the taxation proceedings.”

109Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

(1)Without prejudice to section 51(6) of the Supreme Court Act 1981, Order 62, rules 10 and 11 of the Rules of the Supreme Court 1965 or toOrder 38, rule 1(3) of the County Court Rules, on any taxation of an assisted person’s costs in connection with proceedings (which are not authorised summary proceedings) any wasted costs shall be disallowed or reduced, and where the solicitor has without good reason delayed putting in his bill for taxation the whole of the costs may be disallowed or reduced.

(b)after paragraph (2) there shall be inserted the following new paragraph:—“3 In this regulation “wasted costs” has the same meaning as in section 51(7) of the Supreme Court Act 1981.”

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 3

Show every defined term

family proceedings
has the meaning assigned by section 32 of the Matrimonial and Family Proceedings Act 1984;”
special Children Act proceedings
means proceedings under the Children Act 1989 for which representation must be granted to the applicant regardless of sections 15(1) to (3) of the Act;”
wasted costs
has the same meaning as in section 51(7) of the Supreme Court Act 1981.”

1Citation, commencement and transitional provisions#

2Interpretation#

3Amendment of the Legal Aid Act 1988#

4Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

5Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

6Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

7Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

8Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

9Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

10Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

11Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

12Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

13Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

14Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

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21Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

109Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

Defined terms · 3

Connections

Key facts

History · 1 version

1Citation, commencement and transitional provisions#

2Interpretation#

3Amendment of the Legal Aid Act 1988#

4Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

5Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

6Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

7Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

8Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

9Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

10Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

11Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

12Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

13Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

14Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

15Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

16Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

17Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

18Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

19Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

20Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

21Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#

109Amendment of the Civil Legal Aid (General) Amendment Regulations 1989#