The Legal Advice and Assistance (Amendment) (No. 2) Regulations 1991

Statutory Instruments

1991 No. 2305

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Legal Advice and Assistance (Amendment) (No. 2) Regulations 1991

Made

17th October 1991

Laid before Parliament

21st October 1991

Coming into force

11th November 1991

The Lord Chancellor, in exercise of the powers conferred on him by sections 9, 34 and 43 of the Legal Aid Act 1988(1), having had regard to the matters specified in section 34(9) and consulted the General Council of the Bar and the Law Society, and with the consent of the Treasury, hereby makes the following Regulations:—

Citation, commencement and transitional provisions

1.—(1) These Regulations may be cited as the Legal Advice and Assistance (Amendment) (No. 2) Regulations 1991 and shall come into force on 11th November 1991.

(2) Regulations 3 and 4 shall apply to any assessment or review of a claim for costs made in respect of work done on or after 11th November 1991 and costs payable in respect of work done before that date shall be assessed or reviewed as if these Regulations had not been made.

Interpretation

2.  In these Regulations a regulation or Schedule referred to by number means a regulation or Schedule so numbered in the Legal Advice and Assistance Regulations 1989(2).

Amendment to the Legal Advice and Assistance Regulations 1989

3.  In regulation 30—

(a) in paragraph (1) for “paragraph (2)” there shall be substituted “paragraphs (2) and (3)”;

(b) after paragraph (2) there shall be inserted the following new paragraph—

“(3) Where the claim is in respect of ABWOR to which Part III of the Act applies by virtue of regulation 9(a) of the Scope Regulations, paragraph (1) shall apply as if Schedule 6 to these Regulations were substituted for Schedule 1, Part I, paragraph 1(1)(a) to the Costs Regulations.”.

4.  After Schedule 5 there shall be inserted the following new Schedule—

Regulation 30(3)

“SCHEDULE 6 FEES FOR ABWOR IN MENTAL HEALTH REVIEW TRIBUNALS

Class of work	Rate
Preparation	£50.50 per hour—	(£54 per hour for a fee-earner whose office is situated within legal aid area 1)
Advocacy £	61 per hour
Attendance at court where counsel assigned	£28.50 per hour
Travelling and waiting	£23.50 per hour
Routine letters written and routine telephone calls	£3.60 per item”

Mackay of Clashfern, C.

Dated 15th October 1991

We consent,

Irvine Patnick

Gregory Knight

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 17th October 1991

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Legal Advice and Assistance Regulations 1989 by increasing the rate of remuneration in respect of advice by way of representation (ABWOR) in respect of proceedings before Mental Health Review Tribunals.

(1)

1988 c. 34; sections 9 and 34 were amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraph 63. Section 43 is an interpretation provision and is cited because of the meaning assigned to the word “regulations”; section 43 is amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraph 60.

(2)

S.I. 1989/340, as amended by S.I. 1989/560, 1990/486 and 1991/636.