Legal Aid Act 1988
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Change 1
SCHEDULE 5 Minor and Consequential Amendments
Section 45. Public Records Act 1958 (c. 51) 1 In Schedule 1 to the Public Records Act 1958 (definition of public records), there shall be inserted at the end of Part I of the Table at the end of paragraph 3 the following entry— Lord Chancellor’s Department. | Legal Aid Board. Parliamentary Commissioner Act 1967 (c. 13) 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attachment of Earnings Act 1971 (c. 32) 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . House of Commons Disqualification Act 1975 (c. 24) 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Northern Ireland Assembly Disqualification Act 1975 (c. 25) 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sex Discrimination Act 1975 (c. 65) 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Race Relations Act 1976 (c. 74) 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Child Care Act 1980 (c. 5) 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Magistrates’ Courts Act 1980 (c. 43) 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Senior Courts Act 1981(c. 54) 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Telecommunications Act 1984 (c. 12) 11 In section 52 of the Telecommunications Act 1984, the following subsection shall be substituted for subsection (5)— (5) A charge conferred by subsection (4) above is subject to— (a) any charge under the Legal Aid Act 1988 and any provision of that Act for payment of any sum to the Legal Aid Board; (b) any charge or obligation for payment in priority to other debts under the Legal Aid (Scotland) Act 1986 and any provision of that Act for payment of any sum into the Scottish Legal Aid Fund; or (c) any charge under the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 and any provision of that Order for payment of any sum into the legal aid fund. Prosecution of Offences Act 1985 (c. 23) 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 In section 21(1) of that Act, for the definition of “legally assisted person ” there shall be substituted the following— “legally assisted person ”, in relation to any proceedings, means a person to whom representation under the Legal Aid Act 1988 has been granted for the purposes of the proceedings; . 15 In section 21 of that Act, after subsection (4), there shall be inserted the following subsection— (4A) Where one party to any proceedings is a legally assisted person then— (a) for the purposes of sections 16 and 17 of this Act, his costs shall be taken not to include either the expenses incurred on his behalf by the Legal Aid Board or the Lord Chancellor or, if he is liable to make a contribution under section 23 of the Legal Aid Act 1988, any sum paid or payable by way of contribution; and (b) for the purposes of sections 18 and 19 of this Act, his costs shall be taken to include the expenses incurred on his behalf by the Legal Aid Board or the Lord Chancellor (without any deduction on account of any contribution paid or payable under section 23 of the Legal Aid Act 1988) but, if he is liable to make such a contribution his costs shall be taken not to include any sum paid or payable by way of contribution. Child Abduction and Custody Act 1985 (c. 60) 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administration of Justice Act 1985 (c. 61) 17 In section 40 of the Administration of Justice Act 1985 (preliminary provisions concerning legal aid complaints), for the words from the beginning of paragraph (a) to the end there shall be substituted the words “the provision for any person of services under the Legal Aid Act 1988 including, in the case of a solicitor, provision for any person of such services in the capacity of agent for that person’s solicitor. ” 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 In section 44 of that Act— (a) in subsection (3), in the inserted subsection (2A), for the words from the beginning of paragraph (a) to the end there shall be substituted the words— (a) his conduct, including conduct in the capacity of agent for another solicitor, in connection with the provision for any person of services under the Legal Aid Act 1988; or (b) his professional conduct generally. ; . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Housing Act 1985 (c. 68) 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Family Law Act 1986 (c. 55) 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criminal Justice Act 1987 (c. 38) 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 5 Minor and Consequential Amendments
Section 45. Public Records Act 1958 (c. 51) 1 In Schedule 1 to the Public Records Act 1958 (definition of public records), there shall be inserted at the end of Part I of the Table at the end of paragraph 3 the following entry— Lord Chancellor’s Department. | Legal Aid Board. Parliamentary Commissioner Act 1967 (c. 13) 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attachment of Earnings Act 1971 (c. 32) 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . House of Commons Disqualification Act 1975 (c. 24) 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Northern Ireland Assembly Disqualification Act 1975 (c. 25) 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sex Discrimination Act 1975 (c. 65) 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Race Relations Act 1976 (c. 74) 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Child Care Act 1980 (c. 5) 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Magistrates’ Courts Act 1980 (c. 43) 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Senior Courts Act 1981(c. 54) 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Telecommunications Act 1984 (c. 12) 11 In section 52 of the Telecommunications Act 1984, the following subsection shall be substituted for subsection (5)— (5) A charge conferred by subsection (4) above is subject to— (a) any charge under the Legal Aid Act 1988 and any provision of that Act for payment of any sum to the Legal Aid Board; (b) any charge or obligation for payment in priority to other debts under the Legal Aid (Scotland) Act 1986 and any provision of that Act for payment of any sum into the Scottish Legal Aid Fund; or (c) any charge under the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 and any provision of that Order for payment of any sum into the legal aid fund. Prosecution of Offences Act 1985 (c. 23) 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 In section 21(1) of that Act, for the definition of “legally assisted person ” there shall be substituted the following— “legally assisted person ”, in relation to any proceedings, means a person to whom representation under the Legal Aid Act 1988 has been granted for the purposes of the proceedings; . 15 In section 21 of that Act, after subsection (4), there shall be inserted the following subsection— (4A) Where one party to any proceedings is a legally assisted person then— (a) for the purposes of sections 16 and 17 of this Act, his costs shall be taken not to include either the expenses incurred on his behalf by the Legal Aid Board or the Lord Chancellor or, if he is liable to make a contribution under section 23 of the Legal Aid Act 1988, any sum paid or payable by way of contribution; and (b) for the purposes of sections 18 and 19 of this Act, his costs shall be taken to include the expenses incurred on his behalf by the Legal Aid Board or the Lord Chancellor (without any deduction on account of any contribution paid or payable under section 23 of the Legal Aid Act 1988) but, if he is liable to make such a contribution his costs shall be taken not to include any sum paid or payable by way of contribution. Child Abduction and Custody Act 1985 (c. 60) 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administration of Justice Act 1985 (c. 61) 17 In section 40 of the Administration of Justice Act 1985 (preliminary provisions concerning legal aid complaints), for the words from the beginning of paragraph (a) to the end there shall be substituted the words “the provision for any person of services under the Legal Aid Act 1988 including, in the case of a solicitor, provision for any person of such services in the capacity of agent for that person’s solicitor. ” 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 In section 44 of that Act— (a) in subsection (3), in the inserted subsection (2A), for the words from the beginning of paragraph (a) to the end there shall be substituted the words— (a) his conduct, including conduct in the capacity of agent for another solicitor, in connection with the provision for any person of services under the Legal Aid Act 1988; or (b) his professional conduct generally. ; . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Housing Act 1985 (c. 68) 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Family Law Act 1986 (c. 55) 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criminal Justice Act 1987 (c. 38) 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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