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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Access to Justice Act 1999 No. 916 (C. 32) URL: http://www.bailii.org/uk/legis/num_reg/2001/20010916.html |
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| Made | 28th February 2001 |
(b) in Part VI:
(c) in Part VII:
3.
The following provisions of the Act come into force on 2nd April 2001:
(b) in Part VII, so far as they have not already been effected, the repeals and revocations in Part I of Schedule 15 and, so far as it relates to those repeals and revocations, section 106.
Transitional provisions and savings
4.
The transitional provisions and savings in Schedules 1 and 2 to this Order have effect.
Irvine of Lairg,
C.
28th February 2001
3.
- (1) Notwithstanding the commencement of paragraphs 15 to 17 of Schedule 12 to the Act, and the repeal of part of section 55 of the 1997 Act by Part V(6) of Schedule 15 to the Act, section 57 of the 1997 Act[4] shall continue to have effect as if -
(2) The sums referred to in sub-paragraph (1) are sums payable by the outer London boroughs and the Common Council of the City of London in relation to loan debt contracted to support capital expenditure incurred before 1st April 1990 for the purposes of functions under Part VI of the 1997 Act.
4.
The repeal of section 15(1)(a)(ii) of the Superannuation (Miscellaneous Provisions) Act 1967[5] ("the 1967 Act") by Part V(6) of Schedule 15 to the Act shall not affect the application of section 15 of the 1967 Act in relation to any person who ceased to be a member of the metropolitan civil staffs for the purposes of section 15 of the 1967 Act before the repeal of section 15(1)(a)(ii) of that Act.
5.
Notwithstanding the repeal of section 60(4) of the 1997 Act by Part V(7) of Schedule 15 to the Act, the Justices' Clerks (Accounts) Regulations 1973[6] shall continue to have effect in respect of all sums received or paid by, or owed to, a justices' clerk.
6.
Section 2A of the Taxes Management Act 1970[7] shall not apply to proceedings commenced in England and Wales or in Northern Ireland before 1st April 2001 in respect of any act or omission of a General Commissioner of income tax in the execution (or purported execution) of his duty.
7.
Article 6A of the Magistrates' Courts (Northern Ireland) Order 1981[8] shall not apply to proceedings commenced before 1st April 2001 in respect of any act or omission of a resident magistrate, justice of the peace or clerk of petty sessions in the execution (or purported execution) of his duty -
2.
Nothing in the provisions commenced by this Order or in the transitional provisions of this Order shall have effect:
(b) subject to paragraph 4 of this Schedule, and to the provisions of any contract, in relation to any work carried out under a legal aid order or legal aid certificate dated prior to 2nd April 2001;
(c) in relation to assistance by way of representation under Part III of the 1988 Act:
(d) in relation to advice and assistance under Part III of the 1988 Act (other than assistance by way of representation) where the application is signed or is authorised prior to 2nd April 2001;
(e) for the purposes of assessment for payment, where both a legal aid order under the 1988 Act and a representation order under the Act exist, in proceedings which form part of a single case in that they relate to one or more charges or informations which are preferred or laid at the same time, or which are founded on the same facts, or which form or are part of a series of offences;
(f) in relation to any work carried out before 2nd April 2001 and paid for by the Lord Chancellor other than under the terms of any contract; or
(g) for the application of paragraphs 10(3)(b), 33, 34 and 36 of Schedule 4 to the Act to work carried out under the provisions of the 1988 Act.
3.
Notwithstanding the provisions of article 1(2)(a) of the Access to Justice Act 1999 (Commencement No. 3, Transitional Provisions and Savings) Order 2000[15] the Commission shall fund applications for judicial review or habeas corpus relating to criminal investigations or proceedings as part of the Community Legal Service.
4.
- (1) Subject to the provisions of any contract, any claim for payment for work carried out under the provisions of the 1988 Act shall be submitted so as to be received by the Commission no later than five months after the completion of the work for which payment is claimed.
(2) Subject to sub-paragraph (3), the Commission may refuse any claim for payment mentioned in sub-paragraph (1) which is received late without good reason.
(3) No claim for payment shall be refused unless the solicitor has been given a reasonable opportunity to show why it should not be refused.
5.
Where an application for a legal aid order under the 1988 Act is considered on or after 2nd April 2001, it shall be treated as an application for a representation order under section 14 of the Act.
| Provision | Date of commencement | S.I. No. |
| Sections 36, 40, 42, 46 and 49 | 27.9.1999 | 1999/2657 |
| Section 43 and Schedule 6 (partially) | ||
| Section 48 and Schedule 7 | ||
| Section 66 and Schedule 9 | ||
| Section 67(2) (in certain areas only) | ||
| Section 83(1) (partially) | ||
| Section 83(3) and Schedule 12 (partially) | ||
| Sections 88 and 89 | ||
| Section 105 | ||
| Section 106 and Schedule 15 (partially) | ||
| Section 53 | 1.11.1999 | |
| Section 106 and Schedule 15 (partially) | ||
| Section 79 | 12.11.1999 | |
| Section 106 and Schedule 15 (partially) | ||
| Section 35 | 1.1.2000 | 1999/3344 |
| Section 41 and Schedule 5 | ||
| Section 43 and Schedule 6 (partially) | ||
| Section 71 | ||
| Section 85 | ||
| Section 106 and Schedule 15 (partially) | ||
| Section 83(1) (partially) | 1.3.2000 | |
| Section 83(3) and Schedule 12 (partially) | ||
| Section 1 and Schedule 1 | 1.4.2000 | 2000/774 |
| Sections 2 to 5 | ||
| Section 6 and Schedule 2 | ||
| Sections 7 to 11 and 19 to 23 | ||
| Section 24 and Schedule 4 (partially) | ||
| Sections 25 and 26 | ||
| Sections 27, 29 and 30 | ||
| Section 106 and Schedule 15 (partially) | ||
| Sections 37, 38 and 39 | 31.7.2000 | 2000/1920 |
| Section 44 | ||
| Section 106 and Schedule 15 (partially) | ||
| Section 78 and Schedule 11 | 31.8.2000 | |
| Section 83(2) (partially) | ||
| Section 106 and Schedule 15 (partially) | ||
| Section 67(2) (partially) | 8.1.2001 | 2000/3280 |
| Sections 92 to 95 | ||
| Section 106 and Schedule 15 (partially) | ||
| Sections 96 and 97 | 19.2.2001 | 2001/168 |
| Section 106 and Schedule 15 (partially) |
[3] Section 53A is inserted by section 98(1) of the Access to Justice Act 1999.back
[4] Section 57 was amended by section 10 of the Local Government (Contracts) Act 1997 (c. 65).back
[5] 1967 c. 28. Section 15 has been amended, and part has been repealed, by the Superannuation Act 1972 (c. 11), section 14 and Schedule 8. Further amendments have been made by S.I. 1974/520; the Police and Magistrates' Courts Act 1994 (c. 29), Schedule 8, Part II, paragraph 25; and the Greater London Authority Act 1999 (c. 29), Schedule 27, paragraph 20.back
[6] S.I. 1973/579, as amended by S.I. 1992/709.back
[7] 1970 c. 9. Section 2A is inserted by section 102 of the Access to Justice Act 1999.back
[8] S.I. 1981/1675 (N.I. 26). Article 6A is inserted by section 98(2) of the Access to Justice Act 1999.back
[9] 1988 c. 34. This Act is repealed by Part I of Schedule 15 to the Access to Justice Act 1999, subject to immaterial exceptions, and to transitional provisions and savings contained in S.I. 2000/774 and in this Order.back
[10] S.I. 1989/340. These Regulations were amended by S.I. 2001/829. Together with S.I. 1989/339, 1991/2038 and 1994/228, they are revoked by virtue of the repeal of the enabling provisions in the Legal Aid Act 1988.back
[11] S.I. 2000/627, as amended by S.I. 2000/1541 and 2001/831.back
[12] S.I. 1989/339. These Regulations were most recently amended by S.I. 2000/451 and 2001/617.back
[13] S.I. 1991/2038, as amended by S.I. 2001/830.back
