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The Legal Advice and Assistance (Scope) Regulations 1989

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Explanatory Note

(This note is not part of the Regulations)

These Regulations replace, with amendments, the provisions in the Legal Advice and Assistance Regulations (No. 2) 1980 (S.I. 1980/1898) which prescribe the scope of advice and assistance (including assistance by way of representation). The other provisions of those Regulations are replaced, with amendments, by the Legal Advice and Assistance Regulations 1989 (S.I. 1989/340).

The main changes are to disapply (with certain exceptions) the provisions of Part III of the Act from advice and assistance consisting of conveyancing services (regulation 3) or in the making of wills (regulation 4).

In accordance with section 8(2) of the Legal Aid Act 1988, the Regulations apply Part III of the Act to assistance by way of representation (as to proceedings in magistrates' courts, regulation 7; as to proceedings in county courts, regulation 8; as to proceedings before Mental Health Review Tribunals and proceedings before boards of prison visitors, regulation 9).

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