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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Civil Legal Aid (Scope) Regulations 1993 No. 1354 URL: http://www.bailii.org/uk/legis/num_reg/1993/uksi_19931354_en.html |
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Statutory Instruments
LEGAL AID AND ADVICE, ENGLAND AND WALES
Made
26th May 1993
Coming into force
27th May 1993
Whereas a draft of the above Regulations has been laid before and approved by resolution of each House of Parliament:
Now, therefore, the Lord Chancellor, in exercise of the powers conferred on him by sections 14 and 43 of the Legal Aid Act 1988(1), and with the consent of the Treasury, hereby makes the following Regulations:
1. These Regulations may be cited as the Civil Legal Aid (Scope) Regulations 1993 and shall come into force on 27th May 1993.
2. In paragraph 2 of Part 1 of Schedule 2 to the Legal Aid Act 1988 the following sub-paragraph shall be added at the end-
"(h)appeals under section 20, where they are to be made to a magistrates' court(2), and proceedings under section 27 of the Child Support Act 1991(3)."
Mackay of Clashfern, C.
Dated 25th May 1993
We consent,
Tim Wood
Tim Kirkhope
Two of the Lords Commissioners of Her Majesty's Treasury
Dated 26th May 1993
(This note is not part of the Regulations)
These Regulations extend the categories of proceedings for which civil legal aid is available so as to include certain magistrates' courts' proceedings involving issues of parentage under the Child Support Act 1991:
(1) proceedings under section 20, as modified by section 45(1), (appeal from a child support officer);
(2) an application for a declaration of parentage under section 27.
1988 c. 34; sections 14 and 43 were amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraphs 60 and 63.Section 43 is an interpretation provision and is cited because of the meaning assigned to the word "regulations".
Appeals on issues of parentage are to be made to a court under the Child Support Appeals (Jurisdiction of Courts) Order 1993 (S.I.1993/961), made under sections 45(1) and (7) and 58(7) of the Child Support Act 1991 (c. 48).Under the Children (Allocation of Proceedings) (Amendment) Order 1993 (S.I.1993/624), these proceedings are allocated to magistrates' courts in the first instance.
1991 c. 48; section 20 is modified by S.I. 1993/961, which provides for appeals on parentage issues to go to a court.
