1997 No. 997
The Legal Advice and Assistance (Scope) (Amendment) Regulations 1997
Made
Coming into force
regulation 3(2)
remainder
The Lord Chancellor, in exercise of the powers conferred on him by sections 8 and 43 of the Legal Aid Act 19881, hereby makes the following Regulations of which a draft has, in accordance with section 36(3)(b) of that Act, been laid before and approved by resolution of each House of Parliament:—
Citation and commencement1
These Regulations may be cited as the Legal Advice and Assistance (Scope) (Amendment) Regulations 1997 and shall come into force:
a
as to regulation 3(2), on 1st June 1997;
b
as to the remainder of the Regulations, on 1st April 1997.
Interpretation2
In these Regulations a reference to any regulation by number alone means the regulation so numbered in the Legal Advice and Assistance (Scope) Regulations 19892, and a reference to the Schedule means the Schedule to those regulations.
Amendments to the Legal Advice and Assistance (Scope) Regulations 1989
3
1
In regulation 7(3), for the words from “the hearing of” to “Magistrates' Courts Act 1980”3 there shall be substituted “committal proceedings”.
2
For regulation 7(4) there shall be substituted the following:—
4
Part III also applies to ABWOR given to a party to proceedings in a magistrates' court where he is before the court as a result of a failure—
a
to pay a fine or other sum which he was ordered to pay; or
b
to obey an order of the court,
and such failure is likely to lead to his being at risk of a term of imprisonment being fixed in his case (whether at the hearing for which ABWOR is given or subsequently).
4
After regulation 9(c) there shall be inserted the following:—
d
to a person serving a sentence of detention during Her Majesty’s pleasure whose case is referred to the Parole Board under section 32(2) or 39(4) of the Criminal Justice Act 19914.
5
In paragraph 2(d) of the Schedule, after “section 43” there shall be inserted “or 47”.
Revocation6
The Legal Advice and Assistance (Scope) (Amendment) Regulations 19955 shall be revoked.
(This note is not part of the Regulations)