2009 No. 2878
The Criminal Defence Service (Financial Eligibility) (Amendment) Regulations 2009
Made
Laid before Parliament
Coming into force in accordance with regulation 1
The Lord Chancellor makes the following Regulations in exercise of the powers conferred by sections 25(8) and 26 of and paragraph 3B of Schedule 3 to the Access to Justice Act 19991.
Citation, commencement and application1
1
These Regulations may be cited as the Criminal Defence Service (Financial Eligibility) (Amendment) Regulations 2009.
2
This regulation and regulations 2, 3, and 5 to 8 come into force on 11th January 2010.
3
Regulation 4 comes into force—
a
in relation to any magistrates’ court in any of the local justice areas listed in the first part of the Schedule to these Regulations, on 11th January 2010; and
b
in relation to any other magistrates’ court in any of the courts board areas listed—
i
in the second part of that table, on 12th April 2010;
ii
in the third part of that table, on 26th April 2010;
iii
in the fourth part of that table, on 10th May 2010;
iv
in the fifth part of that table, on 17th May 2010;
v
in the sixth part of that table, on 24th May 2010;
vi
in the seventh part of that table, on 14th June 2010;
vii
in the eighth part of that table, on 28th June 2010.
4
Regulation 4 applies only to proceedings in which an individual is committed for sentence by a magistrates’ court on or after the date on which that regulation comes into force in respect of that court.
Amendment to the Criminal Defence Service (Financial Eligibility) Regulations 2006
2
The Criminal Defence Service (Financial Eligibility) Regulations 20062 are amended as follows.
3
In regulation 2—
a
in the definition of “child care costs”—
i
after “registered under” insert “Part 3 of the Childcare Act 20063 or”;
ii
for “or any of them is” substitute “or both of them is or are”;
iii
after “home” insert “and in this definition “relative” means a grandparent, brother, sister, aunt, uncle or first cousin, whether of the full blood or half blood or by marriage or civil partnership;”;
b
in the definition of “gross annual income”, after “disablement pension” insert—
va
housing benefit
4
For regulation 3 substitute—
3
These Regulations apply to—
a
those criminal proceedings which—
i
are referred to in section 12(2)(a) to (f) of the Act and in regulation 3(2) (other than sub-paragraph (h)) of the Criminal Defence Service (General) (No. 2) Regulations 20014; and
ii
are in a magistrates’ court; and
b
criminal proceedings in which the individual—
i
has been committed to the Crown Court for sentence; and
ii
did not apply for, or was not granted, a representation order in a magistrates’ court.
5
In regulation 5(3) for “directly or indirectly” substitute “, directly or indirectly, properly”.
6
In regulation 7(2)—
a
in paragraph (a) omit “or is likely to be”;
b
in paragraph (b) omit “or are likely to be”;
c
for the words from “resources of that” to the end substitute “maintenance or the resources made available and may treat the amount as the resources of the individual”.
7
In regulation 10—
a
in paragraph (2), after “annual income” insert “(without adjustment under regulation 9(1))”;
b
in paragraph (2)(d)(i) omit “, less any housing benefit paid under the Social Security Benefits and Contributions Act 1992”;
c
for paragraph (2)(f) substitute—
f
if the individual is making payments for the maintenance of a former partner or of a child or a relative who is not (in such case) a member of the individual’s household, the amount, where reasonable, of such payments paid or payable in respect of the period of calculation;
and in this sub-paragraph “relative” means a parent, grandparent, grandchild, brother, sister, aunt, uncle, nephew, niece or first cousin, whether of the full blood or half blood or by marriage or civil partnership;
8
Omit regulation 11(1)(b) and the word “and” immediately preceding it.
Signed by authority of the Lord Chancellor
SCHEDULECommencement of Regulations
Part 1 – Commencement on 11th January 2010
Local Justice Areas
Camden and Islington; Bradford; Calderdale; Huddersfield; Keighley; Skipton; Blackburn, Darwen and Ribble Valley; Furness and District; Fylde Coast; Lancaster; Preston; Great Yarmouth; Norwich; West Norfolk; Ceredigion; Llanelli; Neath Port Talbot; Pembrokeshire; Swansea County
Part 2 – Commencement on 12th April 2010
Courts Board Areas
Avon and Somerset; Devon and Cornwall; Dorset, Gloucestershire and Wiltshire; Hampshire and Isle of Wight
Part 3 – Commencement on 26th April 2010
Courts Board Areas
Birmingham, Coventry, Solihull and Warwickshire; Black Country, Staffordshire and West Mercia; Derbyshire and Nottingham; Lincolnshire, Leicestershire, and Rutland and Northamptonshire
Part 4 – Commencement on 10th May 2010
Courts Board Areas
Cheshire and Merseyside, Cumbria and Lancashire; Greater Manchester
Part 5 – Commencement on 17th May 2010
Courts Board Areas
Cleveland, Durham and Northumbria; Humber and South Yorkshire; North and West Yorkshire
Part 6 – Commencement on 24th May 2010
Courts Board Areas
Mid and West Wales; North Wales; South East Wales
Part 7 – Commencement on 14th June 2010
Courts Board Areas
Bedfordshire, Essex and Hertfordshire; Cambridgeshire, Norfolk and Suffolk; Kent; Surrey and Sussex; Thames Valley
Part 8 – Commencement on 28th June 2010
Courts Board Area
London
(This note is not part of the Regulations)