Statutory Instrument 1991 No. 837

The Legal Aid in Contempt Proceedings (Remuneration) Regulations 1991

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© Crown Copyright 1991

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1991 No. 837

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Legal Aid in Contempt Proceedings (Remuneration) Regulations 1991

The Lord Chancellor, in exercise of the powers conferred on him by sections 25(2), 30(3), 34 and 43 of the Legal Aid Act 1988^[1] , having had regard to the matters specified in section 34(9) and consulted the General Council of the Bar and the Law Society, and with the consent of the Treasury, hereby makes the following Regulations:

Citation and commencement
    1.    These Regulations may be cited as the Legal Aid in Contempt Proceedings (Remuneration) Regulations 1991 and shall come into force on 1st May 1991.

Application and interpretation
    2.    These Regulations apply to a claim for remuneration by a legal representative in pursuance of an order made under section 29 of the Act and in these Regulations—
"the Act" means the Legal Aid Act 1988; and


"day of appearance" means a day or any part of a day on which the legal representative represents an assisted person in pursuance of an order made under section 29 of the Act.

The appropriate authority
    3.—(1)  Subject to regulation 4, remuneration shall be allowed by the appropriate authority at the standard fee of #68 for each day of appearance.

    (2)  Subject to paragraph (3), the appropriate authority shall be—
 (a) the registrar of criminal appeals in the case of proceedings in the Court of Appeal, Criminal Division;
 (b) an officer appointed by the Lord Chancellor in the case of criminal proceedings in the Crown Court;
 (c) the Board in any other case.

    (3)  The appropriate authority shall appoint or authorise the appointment of determining officers to act on its behalf under these Regulations in accordance with directions given by it or on its behalf.

Claims for remuneration
    4.—(1)  A claim for remuneration by a legal representative shall be submitted to the appropriate authority in such form and manner as it may direct and any such claim shall be submitted within 3 months of the completion of the work in respect of which the claim is made.

    (2)  The legal representative shall supply such further particulars, information and documents as the appropriate authority may require.

    (3)  The time limit within which the claim for remuneration must be submitted may, for good reason, be extended by the appropriate authority.

Mackay of Clashfern, C.

21st March 1991
We consent,

Thomas Sackville

Irvine Patnick

Two of the Lords Commissioners of Her Majesty's Treasury

25th March 1991

These Regulations provide for the payment of a standard fee of #68 a day to the legal representative of a person given legal aid under section 29 of the Legal Aid Act 1988 (contempt proceedings).

[1] 1988 c. 34; sections 25(2) and 34 were amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18 paragraph 63. Section 43 is an interpretation provision and is cited because of the meaning assigned to the word"regulations" . back