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EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 23(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) (“the Act”) provides that an individual to whom services are made available under Part 1 of the Act is not to be required to make a payment in connection with the provision of the services, except where regulations provide otherwise.

These Regulations make provision in relation to the liability of individuals who are in receipt of representation under section 16 of the Act (representation for criminal proceedings) to make a payment in connection with the provision of such representation, based on an assessment of the financial resources of the individual.

Regulation 3 provides that the functions of the Lord Chancellor and the Director of Legal Aid Casework under these Regulations may be exercised by, or by an employee of, a person authorised for that purpose by the Lord Chancellor or the Director respectively.

Part 2 makes provision in relation to payments by individuals who are in receipt of representation under section 16 of the Act for the purpose of Crown Court trials.

Part 3 makes provision in relation to payments by individuals who are in receipt of representation under section 16 of the Act for the purpose of appeals to the Crown Court.

Part 4 makes provision in relation to the enforcement of an obligation to make a payment imposed under section 23 of the Act.