The Legal Aid in Contempt Proceedings (Remuneration) (Amendment) Regulations 1992

Statutory Instruments

1992 No. 595

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Legal Aid in Contempt Proceedings (Remuneration) (Amendment) Regulations 1992

Made

9th March 1992

Laid before Parliament

11th March 1992

Coming into force

1st April 1992

The Lord Chancellor, in exercise of the powers conferred on him by sections 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:—

1.  These Regulations may be cited as the Legal Aid in Contempt Proceedings (Remuneration) (Amendment) Regulations 1992 and shall come into force on 1st April 1992.

2.  For paragraph (1) of regulation 3 of the Legal Aid in Contempt Proceedings (Remuneration) Regulations 1991(2) there shall be substituted the following new paragraph:—

“(1) Subject to regulation 4, there shall be a single standard fee of £70.25 payable in respect of all work done on each day of appearance in pursuance of a legal aid order to which these regulations apply, save that where the appropriate authority is of the opinion that there are exceptional circumstances, it may allow such fee as appears to it to be reasonable for such work having regard to the amount of the standard fee specified above.”

Mackay of Clashfern,C.

Dated 6th March 1992

We Consent,

Gregory Knight

Irvine Patnick

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 9th March 1992

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Legal Aid in Contempt Proceedings (Renumeration) Regulations 1991 as follows:

(1) they provide for an increase in the standard fee per day payable in respect of work done in contempt proceedings;

(2) they provide for the payment of that standard fee to cover all work done that day (ie regardless of the number of legal representatives assigned);

(3) they provide for an alternative basis of assessing an appropriate fee where there are exceptional circumstances.

(1)

1988 c. 34; section 34 was 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”.

(2)

S.I. 1991/837.