The Criminal Defence Service (General) (No.2) (Amendment No.3) Regulations 2009

Statutory Instruments

2009 No. 2777

Legal Services Commission, England And Wales

The Criminal Defence Service (General) (No.2) (Amendment No.3) Regulations 2009

Made

15th October 2009

Laid before Parliament

16th October 2009

Coming into force

6th November 2009

The Lord Chancellor makes these Regulations in exercise of the powers conferred by sections 12(2)(g) and 26 of the Access to Justice Act 1999(1).

1.  These Regulations may be cited as the Criminal Defence Service (General) (No. 2) (Amendment No. 3) Regulations 2009 and come into force on 6th November 2009.

2.  In regulation 3(2) of the Criminal Defence Service (General) (No. 2) Regulations 2001(2), after sub-paragraph (r) insert—

“(s) proceedings under sections 3, 5, 9 and 10 of the Violent Crime Reduction Act 2006(3) relating to drinking banning orders and interim orders.”.

Signed by authority of the Lord Chancellor

Bach

Parliamentary Under Secretary of State

Ministry of Justice

15th October 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Criminal Defence Service (General) (No. 2) Regulations 2001, which govern the provision of publicly funded legal services in criminal cases. They provide that, for the purposes of legal aid, certain proceedings relating to drinking banning orders under the Violent Crime Reduction Act 2006 are to be regarded as criminal proceedings.

An impact assessment has not been prepared for this instrument as it has no impact on businesses, charities or voluntary bodies.

(1)

1999 c.22. Section 26 defines ‘prescribed’ as prescribed by regulations and ‘regulations’ as regulations made by the Lord Chancellor. The reference to the Lord Chancellor was changed to the Secretary of State by S.I. 2003/1887 and changed back to the Lord Chancellor by S.I. 2005/3429.

(2)

S.I. 2001/1437. Relevant amending instruments are S.I. 2002/712, 2004/1196, 2005/2784, 2008/725 and 2009/2167.

(3)

2006 c.38.