SCHEDULEConsequential amendments to secondary legislation
PART 1
Amendment of the Costs in Criminal Cases (General) Regulations 1986
1.
(1)
(2)
In the definition of “interested party” in each of regulations 3A (applications and definitions in relation to wasted costs orders) and 3E (applications and definitions in relation to third party costs orders) of the 1986 Regulations—
(a)
after “as part of the Criminal Defence Service” insert “, or provided for him under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,”; and
(b)
after “work done under the representation order” insert “, or under the determination for representation for the purposes of criminal proceedings,”,
(3)
In each of regulations 3D (recovery of sums due under a wasted costs order) and 3I (recovery of sums due under a third party costs order) of the 1986 Regulations, after “as part of the Criminal Defence Services) insert “, or provided for him under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,”.
(4)
In regulation 6(3)(d) of the 1986 Regulations (claims for costs), after “as part of the Criminal Defence Service” insert “, or provided for him under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,”.
(5)
In regulation 26 of the 1986 Regulations (directions by the Lord Chancellor) after each occurrence of “as part of the Criminal Defence Service” insert “, or by the Lord Chancellor under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
Amendment of the Civil Procedure Rules 1998
2.
(a)
in paragraph (1) of rule 46.9 (basis of detailed assessment of solicitor and client costs), after “the Access to Justice Act 1999” insert “or by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”;
(b)
“(5)
Where the costs to be assessed in a detailed assessment are payable by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, this rule applies as if the receiving party were the solicitor to whom the costs are payable and the paying party were the Lord Chancellor.”;
(c)
in the heading to Section VI of Part 47 (detailed assessment procedure for costs of a LSC funded client or an assisted person where costs are payable out of the Community Legal Service Fund)—
(i)
for “or an Assisted Person” substitute “, an Assisted Person or Person to Whom Legal Aid is Made Available”; and
(ii)
after “Community Legal Service Fund” insert “or by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”;
(d)
in the heading to rule 47.18 (detailed assessment procedure where costs are payable out of the Community Legal Services Fund) after “Community Legal Services Fund” insert “or by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”;
(e)
in paragraph (1) of rule 47.18—
(i)
for “or an assisted person” substitute “, an assisted person or a person to whom legal aid is provided”; and
(ii)
after “Community Legal Services Fund” insert “or by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”; and
(f)
in paragraph (3) of rule 47.18 for “or the assisted person” substitute “, the assisted person or the person to whom legal aid is provided”.
Amendment of European Communities (Lawyer’s Practice) Regulations 2000
3.
Amendment of the Civil Legal Aid (Scotland) Regulations 2002
4.
Amendment of Land Registration Rules 2003
5.
(1)
(a)
for “the Legal Services Commission where it” substitute “the Lord Chancellor where the Lord Chancellor”; and
(b)
after “section 10(7) of the Access to Justice Act 1999” insert “or by section 25(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
(2)
In Schedule 4 to the Land Registration Rules 2003 (standard forms of restriction)—
(a)
in the title of Form JJ, for “Legal Services Commission” substitute “the Lord Chancellor”; and
(b)
for “written notice of the disposition was given to the Legal Services Commission, Land Charge Department, at [address and Commission’s reference number]” substitute “written notice of the disposition was given to the Lord Chancellor at [address and Lord Chancellor’s reference number]”.
Amendment of the Serious Crime Act 2007 (Appeals under Section 24) Order 2008
6.
(a)
in the definition of “interested party” in article 13(1) (interpretation and transitional provision) after “the Legal Services Commission” insert “or made available for that person under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”;
(b)
in article 13(3) after “the Legal Services Commission” insert “or made available for that person under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”;
(c)
in article 17(6) (wasted costs order) after “the Legal Services Commission” insert “or made available for that person under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”; and
(d)
in article 31 (recovery of sums due under a third party costs order) after “the Legal Services Commission” insert “or made available for that person under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
Amendment of the Civil Proceedings Fees Order 2008
7.
(a)
in paragraph 5.1 of column 1 in the table in Schedule 1 (determination of costs (senior court and county court)) for “or is funded by the LSC” insert “, is funded by the LSC or is a person for whom civil legal services have been made available under arrangements made by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”;
(b)
“Where there is a combined party and party and legal aid, or a combined party and party and LSC, or a combined party and party and Lord Chancellor, or a combined party and party and one or more of legal aid, LSC or Lord Chancellor determination of costs, fee 5.2 will be attributed proportionately to the party and party, legal aid, LSC or Lord Chancellor (as the case may be) portions of the bill on the basis of the amount allowed.”;
(c)
in paragraph 5.5 of column 1 in the table in Schedule 1, after “the Community Legal Service Fund” insert “or by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”; and
(d)
in the entry below paragraph 5.5 of column 1 in the table in Schedule 1, after “Community Legal Service Fund” insert “or against the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
Amendment of the Family Proceedings Fees Order 2008
8.
(a)
in paragraph 8.1 of column 1 in the table in Schedule 1 (determination of costs) for “or is funded by the LSC” insert “, is funded by the LSC or is a person for whom civil legal services have been made available under arrangements made by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”;
(b)
“Where there is a combined standard basis and legal aid, or a combined standard basis and LSC, or a combined standard basis and Lord Chancellor, or a combined standard basis, and one or more of legal aid, LSC or Lord Chancellor determination of costs, fee 8.2 will be attributed proportionately to the standard basis, legal aid, LSC or Lord Chancellor (as the case may be) portions of the bill on the basis of the amount allowed.”;
(c)
in paragraph 8.5 of column 1 in the table in Schedule 1, after “the Community Legal Service Fund” insert “or by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”; and
(d)
in the entry below paragraph 8.5 of column 1 in the table in Schedule 1, after “Community Legal Service Fund” insert “or against the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
Amendment of the Court Funds Rules 2011
9.
(a)
in the heading, after “funded by the Legal Services Commission” insert “or provided under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”;
(b)
in paragraph (1)(b), after “funded by the Legal Services Commission” insert “or provided under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”; and
(c)
Amendment of the Equality Act 2010 (Specific Duties) Regulations 2011
10.
Amendment of the Legal Services Act (Designation as a Licensing Authority) (No. 2) Order 2011
11.
Amendment of asset-freezing and financial sanctions subordinate legislation
12.
(1)
In paragraph 5(1)(d) of the Schedule (general power to disclose information) to each enactment referred to in paragraph (2), omit “the Legal Services Commission,”.
(2)
The enactments referred to in paragraph (1) are—
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
F1(i)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(3)
(4)
(5)
PART 2
Amendment of the Civil Procedure Rules 1998
13.
(a)
in rule 42.2 (change of solicitor – duty to give notice) of the Civil Procedure Rules 1998—
(i)
“(6)
Where the certificate of a person to whom legal aid is provided is revoked or withdrawn—
(a)
the solicitor who acted for that person will cease to be a solicitor acting in the case as soon as the solicitor’s retainer is determined under regulation 24 or 41 of the Civil Legal Aid (Procedure) Regulations 201263; and”; and
(ii)
“(7)
“Certificate” in paragraph (6) means a certificate issued under the Civil Legal Aid (Procedure) Regulations 2012.”; and
(b)
in paragraph (1)(d) of rule 74.13 (evidence in support) for “an assisted person or an LSC funded client, as defined in rule 43.2(1)(h) and (i)” substitute “a person to whom legal aid, as defined in rule 44.1, was provided”.
Amendment of the Non-Contentious Probate Fees Order 2004
14.
(a)
in paragraph 1(1)—
(i)
(ii)
in the definition of “the Independent Living Funds”, for “has the meaning given in the Criminal Defence Service (Financial Eligibility) Regulations 2006” substitute “means any payment made from the funds listed at regulation 20(2)(b) of the Criminal Legal Aid (Financial Resources) Regulations 2013”;
(iii)
omit the definition of “the Funding Code”; and
(iv)
omit the definition of “LSC”; and
(b)
in paragraph 1(2), for “who is in receipt of funding provided by the LSC for the purposes of the proceedings for which a certificate has been issued under the Funding Code” substitute “for whom civil legal services, for which a certificate has been issued under the Civil Legal Aid (Procedure) Regulations 2012, have been made available under arrangements made for the purposes of Part 1 of that Act for the purposes of the proceedings”.
Amendment of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005
15.
(a)
in article 149(6)(b) (property freezing orders: exclusions) for “funded by the Legal Services Commission or” substitute “made available under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 or be funded by”; and
(b)
in article 157(5)(b) (interim receiving orders: restrictions on dealing etc with property) for “funded by the Legal Services Commission or” substitute “made available under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 or be funded by”.
Amendment of the Fines Collection Regulations 2006
16.
Amendment of the Court of Protection Rules 2007
17.
(a)
““legally aided person” means a person to whom civil legal services (within the meaning of the Legal Aid, Sentencing and Punishment of Offenders Act 2012) have been made available under arrangements made for the purposes of Part 1 of that Act);”;
(b)
for the heading to rule 151 (LSC funded clients) substitute “Legally aided persons”;
(c)
in paragraph (1) of rule 151, for “who is an LSC funded client is revoked or discharged” substitute “who is a legally aided person is revoked or withdrawn”;
(d)
in paragraph (1)(a) of rule 151, for “under regulation 4 of the Community Legal Services (Costs) Regulations 2000” substitute “under regulation 24 or 41 of the Civil Legal Aid (Procedure) Regulations 2012”; and
(e)
“(2)
In this rule, “certificate” means a certificate issued under the Civil Legal Aid (Procedure) Regulations 2012.”.
Amendment of the Civil Proceedings Fees Order 2008
18.
In Schedule 2 to the Civil Proceedings Fees Order 2008—
(a)
in paragraph 1(1)—
(i)
in the definition of “child care costs”, for “the Criminal Defence Service (Financial Eligibility) Regulations 2006” substitute “Part 3 of the Criminal Legal Aid (Financial Resources) Regulations 2013”;
(ii)
in the definition of “the Independent Living Funds”, for “has the meaning given in the Criminal Defence Service (Financial Eligibility) Regulations 2006” substitute “means any payment made from the funds listed at regulation 20(2)(b) of the Criminal Legal Aid (Financial Resources) Regulations 2013”; and
(iii)
omit the definition of “the Funding Code”; and
(b)
in paragraph 1(2)(a), for “who is in receipt of funding provided by the LSC for the purposes of the proceedings for which a certificate has been issue under the Funding Code” substitute “for whom civil legal services, for which a certificate has been issued under the Civil Legal Aid (Procedure) Regulations 2012, have been made available under arrangements made for the purposes of Part 1 of that Act for the purposes of the proceedings”.
Amendment of the Family Proceedings Fees Order 2008
19.
In Schedule 2 to the Family Proceedings Fees Order 2008—
(a)
in paragraph 1(1)—
(i)
in the definition of “child care costs”, for “the Criminal Defence Service (Financial Eligibility) Regulations 2006” substitute “Part 3 of the Criminal Legal Aid (Financial Resources) Regulations 2013”;
(ii)
in the definition of “the Independent Living Funds”, for “has the meaning given in the Criminal Defence Service (Financial Eligibility) Regulations 2006” substitute “means any payment made from the funds listed at regulation 20(2)(b) of the Criminal Legal Aid (Financial Resources) Regulations 2013”; and
(iii)
omit the definition of “the Funding Code”; and
(b)
in paragraph 1(2)(a), for “who is in receipt of funding provided by the LSC for the purposes of the proceedings for which a certificate has been issue under the Funding Code” substitute “for whom civil legal services, for which a certificate has been issued under the Civil Legal Aid (Procedure) Regulations 2012, have been made available under arrangements made for the purposes of Part 1 of that Act for the purposes of the proceedings”.
Amendment of the Magistrates’ Courts Fees Order 2008
20.
(a)
in paragraph 1(1)—
(i)
in the definition of “child care costs”, for “the Criminal Defence Service (Financial Eligibility) Regulations 2006” substitute “Part 3 of the Criminal Legal Aid (Financial Resources) Regulations 2013”;
(ii)
in the definition of “the Independent Living Funds”, for “has the meaning given in the Criminal Defence Service (Financial Eligibility) Regulations 2006” substitute “means any payment made from the funds listed at regulation 20(2)(b) of the Criminal Legal Aid (Financial Resources) Regulations 2013”;
(iii)
omit the definition of “the Funding Code”;
(iv)
omit the definition of “LSC”; and
(b)
in paragraph 1(2)(a), for “who is in receipt of funding provided by the LSC for the purposes of the proceedings for which a certificate has been issue under the Funding Code” substitute “for whom civil legal services, for which a certificate has been issued under the Civil Legal Aid (Procedure) Regulations 2012, have been made available under arrangements made for the purposes of Part 1 of that Act for the purposes of the proceedings”.
Amendment of the Supreme Court Fees Order 2009
F221.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Family Procedure Rules 2010
22.
(a)
in paragraph (1)(a)(vi) of rule 12.73 (communication of information: general) for “the Legal Services Commission” substitute “the Director of Legal Aid Casework (within the meaning of section 4 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012)”;
(b)
in paragraph (c)(vi) of rule 14.14(c) (communication of information relating to proceedings) for “the Legal Services Commission” substitute “the Director of Legal Aid Casework (within the meaning of section 4 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012)”; and
(c)
in rule 26.2 (change of solicitor – duty to give notice)—
(i)
in paragraph (6), for “LSC funded client or an assisted person” substitute “legally aided person”;
(ii)
in paragraph (6); for “is revoked or discharged” substitute “is revoked or withdrawn”;
(iii)
in paragraph (6)(a), for “regulation 4 of the Community Legal Service (Costs) Regulations 2000” substitute “regulation 24 or 41 of the Civil Legal Aid (Procedure) Regulations 2012”;
(iv)
in the definition of “certificate” in paragraph (7) for “under the Funding Code (approved under section 9 of the Access to Justice Act 1999)” substitute “under the Civil Legal Aid (Procedure) Regulations 2012”; and
(v)
““legally aided person” means a person to whom civil legal services (within the meaning of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012) have been made available under arrangements made for the purposes of that Part of that Act).”.
Amendment of the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011
23.
“(a)
civil legal services (within the meaning of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012) made available under arrangements made for the purposes of that Part of that Act;”.
Amendment of the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011
24.
(a)
in paragraph 1(1)—
(i)
in the definition of “child care costs”, for “the Criminal Defence Service (Financial Eligibility) Regulations 2006” substitute “Part 3 of the Criminal Legal Aid (Financial Resources) Regulations 2013”;
(ii)
in the definition of “the Independent Living Funds”, for “has the meaning given in the Criminal Defence Service (Financial Eligibility) Regulations 2006” substitute “means any payment made from the funds listed at regulation 20(2)(b) of the Criminal Legal Aid (Financial Resources) Regulations 2013”; and
(iii)
omit the definition of “the Funding Code”; and
(b)
in paragraph 1(2), for “who is in receipt of funding provided by the LSC for the purposes of the proceedings for which a certificate has been issued under the Funding Code” substitute “for whom civil legal services, for which a certificate has been issued under the Civil Legal Aid (Procedure) Regulations 2012, have been made available under arrangements made for the purposes of Part 1 of that Act for the purposes of the proceedings”.
Amendment of the Magistrates’ Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011
25.
F3Amendment of the Damages-Based Agreements Regulations 2013
26.
In regulation 5(2)(c)(i) of the Damages-Based Agreements Regulations 2013 (information required to be given before an agreement is made in an employment matter), for “the Community Legal Service” substitute “arrangements made for the purposes of Part 1 (legal aid) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.