The Community Legal Service (Scope) Regulations 2005

Draft Regulations laid before Parliament under section 25(9) of the Access to Justice Act 1999, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2005 No.

LEGAL SERVICES COMMISSION, ENGLAND AND WALES

The Community Legal Service (Scope) Regulations 2005

Made

2005

Coming into force

25th July 2005

The Secretary of State, in exercise of the powers conferred upon the Lord Chancellor by sections 6(7) and 26 of the Access to Justice Act 1999(1) and now vested in him(2), makes the following Regulations a draft of which has been laid before and approved by resolution of each House of Parliament:

1.  These Regulations may be cited as the Community Legal Service (Scope) Regulations 2005 and shall come into force on 25th July 2005.

2.  In paragraph 1 of Schedule 2 to the Access to Justice Act 1999(3), for sub-paragraph (a) substitute—

“(a) allegations of personal injury or death, other than allegations relating to clinical negligence,

(aa) allegations of negligently caused damage to property,”.

3.  In paragraph 3(1) of Schedule 2 to the Access to Justice Act 1999(4), before paragraph (a) insert—

“(za) an application under section 42 for a restraint order;”.

4.  Regulation 2 shall not apply to applications for funded services made before 25th July 2005, and applications made before that date shall be treated as if that regulation had not been made.

Parliamentary Under Secretary of State

Department for Constitutional Affairs

Dated

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend Schedule 2 to the Access to Justice Act 1999 so as:

• to exclude from the scope of the Community Legal Service, subject to any directions made under section 6(8) of that Act, help in relation to any allegations of personal injury or death (before this amendment, only help in relation to allegations of negligently caused injury or death was excluded) in relation to applications for funded services made on or after 25th July 2005; and

• to include within the scope of the Community Legal Service advocacy in the Crown Court in an application for a restraint order under Part 2 of the Proceeds of Crime Act 2002.

(1)

1999 c. 22. Section 26 was amended by the Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), article 9, Schedule 2, paragraph 11(1)(a); see the definition of “regulations” in that section.

(2)

By virtue of the Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), articles 4(1) and 9, Schedule 1, and Schedule 2, paragraph 11(1)(a).

(3)

Paragraph 1 of Schedule 2 was amended by S.I. 2004/1055.

(4)

Paragraph 3 of Schedule 2 was inserted by the Proceeds of Crime Act 2002 (c. 29), section 456 and Schedule 11, paragraph 36.