C1C2Part I Legal Services Commission

Annotations:
Modifications etc. (not altering text)
C1

Pt. I extended (1.9.2001) by 2001 c. 17, s. 6(2)(c) (with ss. 16(5), 78); S.I. 2001/2161, art. 2

C2

Pt. 1: functions of the Lord Chancellor transferred (19.8.2003) to the Secretary of State by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 4, Sch. 1 (with art. 6)

Pt. 1: functions of the Secretary of State transferred (12.1.2006) to the Lord Chancellor by The Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I. 2005/3429), art. 3 (with arts. 4, 5)

Supplementary

25 Orders, regulations and directions.

1

Any power of the F1Lord Chancellor under this Part to make an order or regulations is exercisable by statutory instrument.

2

Before making any remuneration order relating to the payment of remuneration to barristers or solicitors the F1Lord Chancellor shall consult the General Council of the Bar and the Law Society.

3

When making any remuneration order the F1Lord Chancellor shall have regard to—

a

the need to secure the provision of services of the description to which the order relates by a sufficient number of competent persons and bodies,

b

the cost to public funds, and

c

the need to secure value for money.

4

In subsections (2) and (3) “remuneration order” means an order under section 6(4), 13(3) or 14(3) which relates to the payment by the Commission of remuneration—

a

for the provision of services by persons or bodies in individual cases, or

b

by reference to the provision of services by persons or bodies in specified numbers of cases.

5

No directions may be given by the F1Lord Chancellor to the Commission under this Part in relation to individual cases.

6

Any directions given by the F1Lord Chancellor to the Commission under this Part may be varied or revoked.

7

The F1Lord Chancellor shall either—

a

publish, or

b

require the Commission to publish,

any directions given by him under this Part.

8

Orders, regulations and directions of the F1Lord Chancellor under this Part may make different provision for different purposes (including different areas).

9

No order shall be made under section 2 or 8 or paragraph 5(3) of Schedule 3, and no regulations shall be made under section 6(7), 11(1) or (4)(b) or (d) or 15(2)(a) or (5) or paragraph 4 of Schedule 3, unless a draft of the order or regulations has been laid before, and approved by a resolution of, each House of Parliament.

10

A statutory instrument containing any other order or regulations under this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament.