Church of England (Legal Aid) Measure 1994

4 Rules. E

(1) The Standing Committee of the General Synod may make such rules as it considers necessary or desirable for giving effect to, or for preventing abuses of, this Measure, and rules made under this subsection may in particular—

(a) make provision as to the procedure to be observed in relation to an application for legal aid;

(b) make provision as to the information to be furnished by any person applying for or receiving legal aid and as to the provision of information by any solicitor or counsel acting for any such person;

(c) make provision for the circumstances in which the Legal Aid Commission may amend, revoke or discharge a certificate issued by the Commission and as to the effect of such amendment, revocation or discharge;

(d) make provision for regulating the procedure in proceedings in respect of which legal aid is granted and in particular make provision—

(i) as to the taxation of costs in respect of which legal aid is granted, including any such costs incurred in connection with proceedings not actually begun;

(ii) as to the assessment of those costs, without taxation, by such person as may be specified in the rules, but with a view to allowing as nearly as may be the same amount as on taxation;

(iii) as to the cases in which and the extent to which a person to whom legal aid is granted may be required to give security for costs, and the manner in which it may be given;

(e) make provision for the enforcement for the benefit of the Legal Aid Fund of any order or agreement for costs made in favour of a person to whom legal aid is granted;

(f) make provision enabling the chairman of the Commission or such officer of the Commission as may be specified in the rules, in such circumstances as may be so specified, to issue an interim certificate on behalf of the Commission for the payment of the costs, or part of the costs, incurred by any person before the determination by the Commission of that person’s application for the grant of legal aid;

(g) make provision enabling the Commission to appoint committees to carry out such of its functions as may be specified in the rules.

(2) The Standing Committee of the General Synod may by rules vary the provisions of Schedule 1 to this Measure so as to add to or exclude from the proceedings therein mentioned any proceedings specified in the rules (being proceedings under a provision of a Measure of the General Synod or of any Canon, rules or regulations made under such a Measure), including this Measure, and any such rules may make any consequential changes in the second column of that Schedule; except that the provisions of that Schedule shall not be varied so as to enable legal aid to be granted in connection with proceedings before any court or tribunal before which persons have no right, and are not normally allowed, to be heard by counsel or solicitor.

(3) Any rules made under subsection (1) above may make different provision in relation to different proceedings.

[F1 (3A) Any rules made under subsection (1) may provide for the exercise of a discretion.]

(4) Any rules made under this section shall be laid before the General Synod and shall not come into force until they have been approved by the General Synod, whether with or without amendment.

(5) Where the Standing Committee determines that rules made under this section do not need to be debated by the General Synod then, unless—

(a) notice is given by a member of the General Synod in accordance with its Standing Orders that he wishes the rules to be debated, or

(b) notice is so given by any such member that he wishes to move an amendment to the rules,

the rules shall for the purposes of subsection (4) above be deemed to have been approved by the General Synod without amendment.

(6) The M1 Statutory Instruments Act 1946 shall apply to any rules approved by the General Synod under this section as if they were a statutory instrument and as if this Measure were an Act providing that any such rules shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F1 S. 4(3A) inserted (retrospectively) by Church of England (Miscellaneous Provisions) Measure 2018 (No. 7), ss. 10(1)(2), 17(2)(b)

Modifications etc. (not altering text)

C1 S. 4(1)(2): functions transferred (1.1.1999) by S.I. 1998/1715, arts. 1(2)(4), 2, Sch. 1; 1998 No. 1, s. 15; Instrument dated 14.10.1998 made by Archbishops of Canterbury and York

C2 S. 4(5): functions transferred (1.1.1999) by S.I. 1998/1715, arts. 1(2)(4), 2, Sch. 1; 1998 No. 1, s. 15; Instrument dated 14.10.1998 made by Archbishops of Canterbury and York

Marginal Citations

M1 1946 c. 36.