Joint Committee on Statutory Instruments Sixth Report


Memorandum by the Lord Chancellor's Department


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

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