The Legal Advice and Assistance (Duty Solicitor) (Remuneration) (Amendment) Regulations 1996

Statutory Instruments

1996 No. 647

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Legal Advice and Assistance (Duty Solicitor) (Remuneration) (Amendment) Regulations 1996

Made

7th March 1996

Laid before Parliament

11th March 1996

Coming into force

1st April 1996

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 having consulted the General Council of the Bar and the Law Society, and with the consent of the Treasury, hereby makes the following Regulations:—

1.—(1) These Regulations may be cited as the Legal Advice and Assistance (Duty Solicitor) (Remuneration) (Amendment) Regulations 1996 and shall come into force on 1st April 1996.

(2) These Regulations shall apply for the purposes of work done on or after 1st April 1996 to which the Legal Advice and Assistance (Duty Solicitor) (Remuneration) Regulations 1989(2) apply.

2.  The Legal Advice and Assistance (Duty Solicitor) (Remuneration) Regulations 1989 shall be amended by substituting for regulation 5(2) and (3) the following—

“(2) Subject to paragraph (3), the determining officer shall allow remuneration

(a) in respect of paragraph (1)(a),

(i) at £50.75 per hour or, in the case of work done by a franchisee, at £52.25 per hour or

(ii) where the fee-earner’s office is situated within legal aid area 1, at £52.00 per hour or, in the case of work done by a franchisee, at £53.50 per hour;

(b) in respect of paragraph (1)(b), at £25.00 per hour or, in the case of work done by a franchisee, at £25.50 per hour.

(3) Remuneration allowed in accordance with paragraph (2)(a) shall be increased by 25 per cent in respect of work done on a day which is not a business day.

(4) In this regulation “legal aid area” means an area specified by the Board under regulation 4(1) of the Civil Legal Aid (General) Regulations 1989(3) and legal aid area 1, means the area so specified by the Board.”.

Mackay of Clashfern, C

Dated 5th March 1996.

We consent,

Simon Burns

Derek Conway

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 7th March 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Legal Advice and Assistance (Duty Solicitor) (Remuneration) Regulations 1989 to increase the remuneration which is payable under those Regulations.

(1)

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

(2)

S.I. 1989/341; the relevant amending instrument is S.I. 1995/951.

(3)

S.I. 1989/339; the relevant amending instrument is S.I. 1994/1822.