The Legal Advice and Assistance (Amendment No. 2) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Legal Advice and Assistance Regulations 1989 (S.I. 1989/340). Those Regulations apply to legal advice and assistance which continues to be provided under Part III of the Legal Aid Act 1988 notwithstanding its repeal, by virtue of the transitional savings contained in the Access to Justice Act 1999 (Commencement No. 3, Transitional Provisions and Savings) Order 2000 (S.I. 2000/774).

The amendments principally alter the rates of remuneration paid to suppliers with a General Civil Contract with the Legal Services Commission as follows—

(a) special enhanced rates are introduced in respect of advice and assistance in relation to:

(i) immigration, mental health, education, public law, community care or actions against the police etc; and

(ii) family, housing or employment

where the relevant work category is specifically authorised by the supplier’s contract; and

(b) increased rates are also introduced in respect of other advice and assistance, whether in other categories or in one of the categories mentioned above where the supplier does not have a specific contract in that category.

These Regulations also make amendments to references to justices' clerks to reflect the transfer of functions to justices' chief executives effected by section 90 of the Access to Justice Act 1999.