- Latest available (Revised)
- Point in Time (01/10/2022)
- Original (As made)
Point in time view as at 01/10/2022.
The Criminal Legal Aid (General) Regulations 2013, PART 1 is up to date with all changes known to be in force on or before 12 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
1. These Regulations may be cited as the Criminal Legal Aid (General) Regulations 2013 and come into force on 1st April 2013.
2. In these Regulations—
“the Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012;
“constable” means a member of a police force, an officer of the British Transport Police Force, an officer of Revenue and Customs and any other official who has a power of arrest by virtue of their office;
“criminal legal aid” means advice, assistance and representation made available under sections 13, 15 and 16 of the Act;
[F1“Financial Resources Regulations” means the Criminal Legal Aid (Financial Resources) Regulations 2013;]
“provider” means a person with whom the Lord Chancellor has made an arrangement under section 2(1) of the Act (arrangements) for the provision of criminal legal aid;
“representation order” means a document which records a determination under section 16 of the Act (representation for criminal proceedings);
[F2“Unit of Work” has the meaning given in paragraph 1.3 of the Specification to the [F32022 Standard Crime Contract]];
“[F32022 Standard Crime Contract]” means the contract so named between the Lord Chancellor and providers for the provision of criminal legal aid(1).
Textual Amendments
F1Words in reg. 2 inserted (27.1.2014) by The Criminal Legal Aid (General) (Amendment) Regulations 2013 (S.I. 2013/2790), regs. 1(3), 3
F2Words in reg. 2 substituted (1.4.2017) by The Criminal Legal Aid (Standard Crime Contract) (Amendment) Regulations 2017 (S.I. 2017/311), regs. 1, 2(2)(a) (with reg. 5)
F3Words in reg. 2 substituted (1.10.2022) by The Criminal Legal Aid (Standard Crime Contract) (Amendment) Regulations 2022 (S.I. 2022/995), regs. 1, 3(2)(a) (with reg. 6)
Commencement Information
3. A determination may be disregarded if made in response to an application made otherwise than in accordance with these Regulations.
4. A function of the Lord Chancellor or Director(2) under these Regulations may be exercised by, or by an employee of, a person authorised for that purpose by the Lord Chancellor or Director respectively(3).
5.—(1) Notwithstanding the relationship between an individual and the provider or any privilege arising out of that relationship, where the provider knows or suspects that the individual—
(a)has failed without good reason to comply with a requirement to provide information or documents; or
(b)in providing such required information or documents has made a statement or representation knowing or believing it to be false,
the provider must immediately report the relevant circumstances to the Director.
(2) The withdrawal of a determination does not affect a provider’s right to remuneration for work done prior to the date on which a determination is withdrawn under these Regulations unless the provider has failed without good reason to comply with the reporting requirements in paragraph (1).
6.—(1) This regulation applies where an individual—
(a)is sent F4... for trial to the Crown Court; or
(b)appeals or seeks permission to appeal from a lower court to a higher court.
(2) An officer of the lower court must ensure that the following documents are sent from the lower court to the higher court—
(a)a copy of any representation order made in the proceedings; and
(b)a copy of any application for a representation order in relation to the proceedings which has been refused.
Textual Amendments
F4Words in reg. 6(1)(a) omitted (5.10.2015) by virtue of The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(a), 3 (with reg. 10(1))
Commencement Information
A copy of the 2010 Standard Crime Contract is available at www.justice.gov.uk/legal-aid. Copies can be inspected at the Legal Aid Agency (Head Office), 102 Petty France, London, SW1H 9AJ.
Section 42(1) of the Act provides that in Part 1 of the Act (legal aid) “the Director” means the Director of Legal Aid Casework.
Section 6 of the Act (authorisations) makes provision for authorisations given for the purposes of section 5 of the Act (delegation) or regulations under that section.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: