The Criminal Defence Service (General) (No. 2) (Amendment) Regulations 2005

JurisdictionUK Non-devolved
CitationSI 2005/2784
Year2005

2005 No. 2784

LEGAL SERVICES COMMISSION, ENGLAND AND WALES

The Criminal Defence Service (General) (No. 2) (Amendment) Regulations 2005

Made 9th October 2005

Laid before Parliament 10th October 2005

Coming into force in accordance with regulation 1

The Secretary of State, in exercise of the powers conferred by sections 12(2)(g), 13 and 26 of the Access to Justice Act 19991and now vested in him2, makes the following Regulations:

Citation, commencement and interpretation
S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Criminal Defence Service (General) (No. 2) (Amendment) Regulations 2005 and shall come into force—

(a)

(a) for the purposes of this regulation and regulations 2, 3, 5 and 7, on 31st October 2005;

(b)

(b) for the purposes of regulation 4, on the date when sections 1G and 1H of the Crime and Disorder Act 19983come into force;

(c)

(c) for the purposes of regulation 6, on the date when section 5A of the Protection from Harassment Act 19974comes into force.

(2) In these Regulations, “the 2001 Regulations” means the Criminal Defence Service (General) (No. 2) Regulations 20015.

Amendments to regulation 3(2) of the 2001 Regulations (criminal proceedings)

Amendments to regulation 3(2) of the 2001 Regulations (criminal proceedings)

S-2 Regulation 3(2) of the 2001 Regulations is amended as follows.

Regulation 3(2) of the 2001 Regulations is amended as follows.

2. Regulation 3(2) of the 2001 Regulations is amended as follows.

S-3 For regulation 3(2)(b) substitute— b proceedings under sections...

3. For regulation 3(2)(b) substitute—

“(b)

“(b) proceedings under sections 1, 1D and 4 of the 1998 Act relating to anti-social behaviour orders;”

S-4 After regulation 3(2)(b) insert— ba proceedings under sections...

4. After regulation 3(2)(b) insert—

“(ba)

“(ba) proceedings under sections 1G and 1H of the 1998 Act relating to intervention orders, in which an application for an anti-social behaviour order has been made ;”.

S-5 At the end of regulation 3(2)(h) omit “and”. In regulation...

5.—(1) At the end of regulation 3(2)(h) omit “and”.

(2) In regulation 3(2)(i) for “the making or extension of a closure order, and appeals against such an order” substitute “closure orders;”.

(3) After regulation 3(2)(i) insert—

“(j)

“(j) proceedings under sections 20, 22, 26 and 28 of the Anti-Social Behaviour Act 20036relating to parenting orders in cases of exclusion from school and parenting orders in respect of criminal conduct and anti-social behaviour;

(k)

(k) proceedings under sections 97, 100 and 101 of the Sexual Offences Act 20037relating to notification orders and interim notification orders;

(l)

(l) proceedings under sections 104, 108, 109 and 110 of the Sexual Offences Act 2003 relating to sexual offences prevention orders and interim sexual offences prevention orders;

(m)

(m) proceedings under sections 114, 118 and 119 of the Sexual Offences Act 2003 relating to foreign travel orders;

(n)

(n) proceedings under sections 123, 125, 126 and 127 of the Sexual Offences Act 2003 relating to risk of sexual harm orders and interim risk of sexual harm orders;

(o)

(o) proceedings under Part 1A of Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 20008relating to parenting orders for failure to comply with orders under section 20 of that Act; and”.

S-6 After regulation 3(2)(o) insert— p proceedings under section 5A...

6. After regulation 3(2)(o) insert—

“(p)

“(p) proceedings under section 5A of the Protection from Harassment Act 1997 relating to restraining orders on acquittal.”.

Amendments to regulation 5 of the 2001 Regulations (advice and assistance – financial eligibility)
S-7 Amendments to regulation 5 of the 2001 Regulations (advice and assistance – financial eligibility)

Amendments to regulation 5 of the 2001 Regulations (advice and assistance – financial eligibility)

7...

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