Memorandum by the Lord Chancellor's
1998 (S.I. 1998/3154) ("THE
The Lord Chancellor's
Department submits this memorandum in response to the request
dated 13 January 1999 on the points set out below.
Set out the text of regulation
7A(2) of the 1989 Regulations prior to its amendment by regulation
5, identifying the relevant prior instruments.
(2) The solicitor shall claim his
costs (including the time spent by counsel in preparation and
advocacy) at the rates applicable to solicitors'
fees in magistrates'
courts proceedings in accordance with the provisions of Schedule
1 Part I.
Regulation 7A(2) was inserted by S.I.
1993/934, and amended by S.I. 1994/2218, which substituted the
words in bold type for the words "preparation,
advocacy and waiting".
It is regretted that a footnote to this effect was not included
in the Regulations.
Explain why the new paragraph
inserted by regulation 6 after regulation 10(2) of the 1989 Regulations
appears in that position as paragraph (3) (and not as paragraph
(4)), given that regulation 10 appears since it was made to have
contained three paragraphs.
The 1989 Regulations originally contained
a paragraph numbered regulation 10(3). This paragraph was deleted
by S.I 1993/934. There was therefore no paragraph numbered (3)
in regulation 10 of the 1989 Regulations at the time when the
Regulations inserted a new paragraph with that number. The Department
accepts that the existence, over time, of two different paragraphs
with the same number, could cause confusion. In this case, however,
it considers that the time gap between the deletion of the old
paragraph (3) and the insertion of the new one is such that there
will be no confusion.
18th January 1999