SCHEDULE 5Legal aid: consequential amendments
Part 1Amendments
Prosecution of Offences Act 1985 (c. 23)
22
Part 2 of the Prosecution of Offences Act 1985 (costs in criminal cases) is amended as follows.
23
In section 19(2)(b) (matters of which account to be taken when making order as to costs) for “any grant of a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service” substitute “
of whether, for the purposes of the proceedings, representation has been provided under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012
”
.
24
In section 20(2) (regulations) for “by the Legal Services Commission or out of central funds” substitute “
by the Lord Chancellor under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 or out of central funds in accordance with a costs order
”
.
25
(1)
Section 21 (interpretation) is amended as follows.
(2)
In subsection (1), in the definition of “legally assisted person” for the words from “to whom” to the end of the definition substitute “
for whom advice, assistance or representation is provided under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012
”
.
(3)
In subsection (4A)(a) for the words from “not” to “Service” substitute “
not to include the cost of advice, assistance or representation provided to the person under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012
”
.
(4)
In subsection (4A)(b) for the words from “the cost” to the end substitute “
the cost of such advice, assistance or representation
”
.