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Consequential amendments. |
24. Schedule 4 (which makes amendments consequential on this Part) has effect. |
Orders, regulations and directions. |
25. - (1) Any power of the Lord Chancellor under this Part to make an order or regulations is exercisable by statutory instrument. |
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(2) Before making any remuneration order relating to the payment of remuneration to barristers or solicitors the Lord Chancellor shall consult the General Council of the Bar and the Law Society. |
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(3) When making any remuneration order the Lord Chancellor shall have regard to- |
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(a) the need to secure the provision of services of the description to which the order relates by a sufficient number of competent persons and bodies, |
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(b) the cost to public funds, and |
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(c) the need to secure value for money. |
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(4) In subsections (2) and (3) "remuneration order" means an order under section 6(4), 13(3) or 14(3) which relates to the payment by the Commission of remuneration- |
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(a) for the provision of services by persons or bodies in individual cases, or |
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(b) by reference to the provision of services by persons or bodies in specified numbers of cases. |
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(5) No directions may be given by the Lord Chancellor to the Commission under this Part in relation to individual cases. |
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(6) Any directions given by the Lord Chancellor to the Commission under this Part may be varied or revoked. |
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(7) The Lord Chancellor shall either- |
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(b) require the Commission to publish, |
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any directions given by him under this Part. |
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(8) Orders, regulations and directions of the Lord Chancellor under this Part may make different provision for different purposes. |
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(9) No order shall be made under section 2 or 8 or paragraph 5(3) of Schedule 3, and no regulations shall be made under section 6(7), 11(1) or (4)(b) or (c) or 15(2)(a) or (4) or paragraph 4 of Schedule 3, unless a draft of the order or regulations has been laid before, and approved by a resolution of, each House of Parliament. |
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(10) A statutory instrument containing any other order or regulations under this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament. |
Interpretation. |
26. In this Part- |
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"the Commission" means the Legal Services Commission, |
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"the Community Legal Service Fund" has the meaning given by section 5(1), |
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"criminal proceedings" has the meaning given in section 12(2), |
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"prescribed" means prescribed by regulations and "prescribe" shall be construed accordingly, |
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"regulations" means regulations made by the Lord Chancellor, and |
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"representation" means representation for the purposes of proceedings and includes the assistance which is usually given by a representative in the steps preliminary or incidental to any proceedings and advice and assistance as to any appeal. |