Legal Aid, Sentencing and Punishment of Offenders Act 2012

42 Interpretation E+W+N.I.

(1) In this Part—

• “advocacy” means the exercise of a right of audience before a court, tribunal or other person;

• “civil legal services” has the meaning given in section 8;

• “civil servant” means an individual employed in the civil service of the State;

• “criminal proceedings” has the meaning given in section 14;

• “the Director” means the Director of Legal Aid Casework;

• “functions” includes powers and duties;

• “legal aid” has the meaning given in section 1;

• “legal proceedings” means proceedings before a court or tribunal;

• “legal services” has the meaning given in section 8;

• “modify”, in relation to an Act or instrument, includes amend, repeal or revoke and related terms are to be interpreted accordingly;

• “prescribed” means prescribed by regulations (except in Schedule 6) and related terms are to be interpreted accordingly;

• “regulations” means regulations made by the Lord Chancellor (except in Schedule 6);

• “remuneration” includes disbursements;

• “representation” means representation for the purposes of proceedings and includes—

  (a)

  the advice and assistance which is usually given by a representative in the steps preliminary or incidental to proceedings, and

  (b)

  subject to any time limits which may be prescribed, advice and assistance as to any appeal.

• [F1 “retained enforceable EU right” means a right (as modified from time to time) which forms part of retained EU law by virtue of section 3 or 4 of the European Union (Withdrawal) Act 2018.]

(2) In this Part references to proceedings are to be interpreted in accordance with section 20(3).

Textual Amendments

F1 Words in s. 42(1) inserted (31.12.2020) by The Civil Legal Aid (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/505), regs. 1(1), 3(4) (with regs. 8, 9) (as amended by S.I. 2020/1493, regs. 1(1), 7(2)-(4)): 2020 c. 1, Sch. 5 para. 1(1)