This Statutory Instrument has been amended by S.I. 1992/721 which is reprinted overleaf as pages 5 and 6.
1992 No. 590
The Civil Legal Aid (General) (Amendment) Regulations 1992
Made
Laid before Parliament
Coming into force
regulation 7
remainder
The Lord Chancellor, in exercise of the powers conferred on him by sections 4(5), 34 and 43 of the Legal Aid Act 19881, 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 and commencement1
1
These Regulations may be cited as the Civil Legal Aid (General) (Amendment) Regulations 1992 and, subject to paragraph (2), shall come into force on 1st April 1992.
2
Regulation 7 shall come into force on 1st December 1992.
Interpretation2
In the regulations following this regulation a regulation or Part referred to by number means a regulation or Part so numbered in the Civil Legal Aid (General) Regulations 19892.
Transitional arrangements3
1
Where a claim is made under regulation 100(1) during the months specified in paragraph (2) below, notwithstanding the provisions of paragraphs (3), (4) and (5) of that regulation, it only may be made in respect of the certificates specified in paragraph (2) below and the maximum payment to be made for each claim shall be 54%
2
The months and certificates specified for the purposes of paragraph (1) are as follows—
a
during September 1992, certificates issued 12, 17, 18, 24, 29, 30, 36, 41 or 42 months previously;
b
during October 1992, certificates issued 12, 16, 17, 24, 28, 29, 36, 40 or 41 months previously;
c
during November 1992, certificates issued 12, 15, 16, 24, 27, 28, 36, 39 or 40 months previously.
Amendment of the Civil Legal Aid (General) Regulations 1989
4
In regulation 2 for the word “These” there shall be substituted the words “Subject to section 15(7)(a) of the Act, these”.
5
In paragraph 3 of regulation 12 the words after “interview” shall be omitted.
6
In regulation 16—
a
after the word “application” at the end of sub-paragraph (b) of paragraph (1) there shall be inserted “; or,” and the following new sub-paragraph—
c
where the application is made by a minor who is entitled to begin, prosecute or defend any proceedings without a next friend or guardian ad litem, the person making the application shall be that minor’s solicitor
b
paragraph (2) shall be omitted;
c
in paragraph (4) for the words “or guardian ad litem” there shall be substituted the words “, guardian ad litem or (where there is no next friend or guardian ad litem ) solicitor”.
7
For paragraphs (3), (4) and (5) of regulation 100 there shall be substituted the following new paragraphs—
3
A payment may only be made under this regulation when—
a
in the case of a claim under paragraph (1), a period of 12 months has elapsed since the date on which the certificate was issued, or
b
in the case of a claim under paragraph (2), a period of 18 months has elapsed since the date on which the certificate was issued, or
c
a further period of 12 months or 24 months has elapsed since the date specified in paragraph (a) or (b).
4
A claim may only be made under this regulation within the period of 2 months before to 4 months after any period specified in paragraph (3).
5
The maximum payment to be made for each claim under this regulation in any one financial year shall be—
a
in the case of a claim under paragraph (1):
for the financial year 1992/93 54%
for the financial year 1993/94 62%
for the financial year 1994/95 70%
for the financial year 1995/96 and thereafter 75%
b
in the case of a claim under paragraph (2):
for the financial year 1992/93 62%
for the financial year 1993/94 70%
for the financial year 1994/95 and thereafter 75%
8
After Part XV there shall be inserted the following new Part to the Regulations—
PART XVIREPRESENTATION BY MEANS OF CONTRACTS
Extent of power to contract152
1
The power of the Board to secure the provision of representation under Part IV of the Act by means of contracts with other persons shall be exercisable in a multi-party action which includes any claim prescribed by paragraph (2) below.
2
The claims prescribed for the purposes of paragraph (1) above are claims in respect of personal injuries as defined by regulation 4(5) of the Civil Legal Aid (Assessment of Resources) Regulations 19893.
3
In this regulation “multi-party action” means any action or actions in which 10 or more assisted persons have causes of action which involve common issues of fact or law arising out of the same cause or event.
We consent,
(This note is not part of the Regulations)