Amendment of the Civil Legal Aid (General) Amendment Regulations 1989
18. For regulation 104 there shall be substituted the following new regulation:—
“Remuneration of legal representatives in magistrates' courts and family proceedings
104.—(1) The sums to be allowed to legal representatives in connection with authorised summary proceedings shall be assessed by the Area Director.
(2) In the case of any family proceedings any assessment, review or taxation shall be made in accordance with the Legal Aid in Family Proceedings (Remuneration) Regulations 1991(1) and Part XII of these Regulations shall apply subject to the provisions of those Regulations.
(3) In the case of authorised summary proceedings which are not family proceedings any assessment, review or appeal under this regulation shall be madein accordance with the provisions of regulation 6 of and Schedule 1 Part Iparagraph 1(1)(a) to the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989(2) as if the work done was work to which these provisions apply, save that paragraphs 2 and 3 of Schedule 1, Part I shall not apply.
(4) Paragraphs (4) to (8) of regulation 105 and regulation 105A shall apply where costs are assessed by an Area Director under paragraph (1) as they apply to an assessment under that regulation.
(5) Subject to paragraph (4), regulations 105 to 110 shall not apply to costs in respect of authorised summary proceedings.”.