Part IE+W Legal Services Commission

Modifications etc. (not altering text)

C1Pt. I extended (1.9.2001) by 2001 c. 17, s. 6(2)(c) (with ss. 16(5), 78); S.I. 2001/2161, art. 2

C2Pt. 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)

SupplementaryE+W

25 Orders, regulations and directions.E+W

(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 [F2[F3paragraph 1A, 2A,][F44 or 6] 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.

[F5(9A)The first regulations under [F6section 17A or] paragraph 3B of Schedule 3 shall not be made unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.]

[F7(9B)No order or regulations which, by virtue of section 18A, is or are to have effect for a limited period shall be made 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.

Textual Amendments