PART 1Interpretation and General
Citation and commencementI11
These Regulations may be cited as the Criminal Legal Aid (General) Regulations 2013 and come into force on 1st April 2013.
InterpretationI22
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);
F3“Unit of Work” has the meaning given in paragraph 1.3 of the Specification to the F42022 Standard Crime Contract;
“F42022 Standard Crime Contract” means the contract so named between the Lord Chancellor and providers for the provision of criminal legal aid4.
Disregarding determinationsI43
A determination may be disregarded if made in response to an application made otherwise than in accordance with these Regulations.
DelegationI54
Reporting dutyI65
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does not affect a provider’s right to remuneration for work done prior to the date on which a determination is withdrawn under these Regulations unless the provider has failed without good reason to comply with the reporting requirements in paragraph (1).
Transfer of documentsI36
1
This regulation applies where an individual—
a
is sent F2... 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.