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

Amendment of legal aid orders

50.—(1) A court having power to make a legal aid order may, on application, amend any such order by substituting for any legal representative or representatives previously assigned under the order any legal representative or representatives whom the court could have assigned if it had then been making the legal aid order.

(2) A court having power to make a legal aid order may withdraw any such order if the only legal representative or all the legal representatives for the time being assigned under the order withdraws or withdraw from the case and it appears to the court that, because of the legally assisted person’s conduct, it is not desirable to amend the order under paragraph (1) above.

(3) An order amending a legal aid order shall be in Form 15 and a copy of it shall be sent to–

(a)the legally assisted person;

(b)the solicitor assigned by the legal aid order or to counsel (where counsel only is assigned) and to any solicitor and counsel assigned by the amended legal aid order; and

(c)where the legal aid order is amended by an area committee, to the proper officer of the court to which the application for amendment was made.

(4) Where a new solicitor or counsel (where counsel only was assigned) is assigned by an order amending a legal aid order, the solicitor or counsel originally assigned shall send all papers and other items in his possession relating to the proceedings to the new solicitor or counsel.