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.

Annotations:
Commencement Information
I1

Reg. 1 in force at 1.4.2013, see reg. 1

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;

  • F1Financial 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.

Annotations:
Commencement Information
I4

Reg. 3 in force at 1.4.2013, see reg. 1

DelegationI54

A function of the Lord Chancellor or Director5 under these Regulations may be exercised by, or by an employee of, a person authorised for that purpose by the Lord Chancellor or Director respectively6.

Annotations:
Commencement Information
I5

Reg. 4 in force at 1.4.2013, see reg. 1

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).

Annotations:
Commencement Information
I6

Reg. 5 in force at 1.4.2013, see reg. 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.