The Legal Aid in Criminal and Care Proceedings (General) Regulations 1989

Interpretation

3.—(1) In these Regulations, unless the context otherwise requires,–

“the Act” means the Legal Act 1988;

“applicant” means, in relation to an application for legal aid made on behalf of a person who has not attained the age of 17 by his parent or guardian, that person and, in the case of any other application for legal aid, the person making the application;

“appropriate authority” means an officer or body authorised to determine costs under the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989(1);

“appropriate contributor”, in relation to a person who has not attained the age of 16, means–

(a)

his father (or any person who has been adjudged to be his father) or his mother; or

(b)

his guardian;

“appropriate officer” means, in the case of the Crown Court, the Chief Clerk or an officer designated by him to act on his behalf;

“appropriate area committee” means the area committee in whose area is situated the court to which an application for or concerning a legal aid order has been made;

“area committee” and “Area Director” have the meanings assigned to them by regulation 4 of the Civil Legal Aid (General) Regulations 1989(2)

“Area Director” includes any person duly authorised to act on his behalf;

“contribution” means the contribution payable under section 23(1) of the Act in respect of the costs of representation;

“contribution period” means the period of 6 months commencing with the date on which the legal aid order was made;

“Court of Appeal” means the criminal division of the Court of Appeal or the Courts-Martial Appeal Court as the case may be;

“disposable capital” and “disposable income” mean the amounts of capital and income which are available for the making of a contribution after capital and income have been computed in accordance with Schedule 3;

“family credit” means family credit under the Social Security Act 1986(3);

“guardian” has the meaning assigned by section 87 of the Child Care Act 1980(4);

“income support” means income support under the Social Security Act 1986;

“judge of the court” means–

(a)

in the case of the Court of Appeal, a single judge of that Court or a judge of the High Court;

(b)

in the case of the Crown Court, a judge of the High Court, a Circuit judge, a recorder, or an assistant recorder.

“justices' clerk” includes a person duly authorised by the justices' clerk of a magistrates' court to act on his behalf to the extent that he is so authorised;

“legal aid” means representation under Part V of the Act or representation in care proceedings, as the case may be, and

“legal aid order” means an order granting such representation;

“person concerned” means the person whose disposable income and disposable capital are to be determined or the person whose resources are to be treated as the resources of any other person under these Regulations;

“proper officer” means–

(a)

in respect of proceedings in the House of Lords, the Clerk of the Parliaments;

(b)

in respect of proceedings in the Court of Appeal, the registrar;

(c)

in respect of proceedings in the Crown Court, the appropriate officer;

(d)

in respect of proceedings in a magistrates' court, the justices' clerk.

“registrar” means the registrar of criminal appeals or the registrar of the Courts-Martial Appeal Court, as the case may be, and includes any person duly authorised to act on his behalf to the extent that he is so authorised;

“statement of means” means a statement of means submitted in accordance with regulation 23;

(2) Unless the context otherwise requires, any reference in these Regulations to a regulation, Part or Schedule by number means the regulation, Part or Schedule so numbered in these Regulations and a form referred to by number means the form so numbered in Schedule 2.

(1)

S.I. 1989/343.

(2)

S.I. 1989/339.

(3)

1986 c. 50.

(4)

1980 c. 5.