S.I. No. 70/1991 - Criminal Justice (Legal Aid) (Amendment) (No. 2) Regulations, 1991.


S.I. No. 70 of 1991.

CRIMINAL JUSTICE (LEGAL AID) (AMENDMENT) (No. 2) REGULATIONS, 1991.

I, RAY BURKE, Minister for Justice, in exercise of the powers conferred on me by section 10 of the Criminal Justice (Legal Aid) Act, 1962 (No. 12 of 1962), and in so far as these Regulations are in relation to rates or scales of payment of fees, costs or expenses payable out of moneys provided by the Oireachtas pursuant to certificates for free legal aid, with the consent of the Minister for Finance, hereby make the following Regulations:

1. (1) These Regulations may be cited as the Criminal Justice (Legal Aid) (Amendment) (No. 2) Regulations, 1991.

(2) The collective citation "the Criminal Justice (Legal Aid) Regulations, 1965 to 1991" shall include these Regulations.

2. These Regulations shall be deemed to have come into operation on the 1st day of January, 1991.

3. In these Regulations "the Regulations (No. 2) of 1988" means the Criminal Justice (Legal Aid) (Amendment) (No. 2) Regulations, 1988 ( S.I. No. 345 of 1988 ), "the Regulations of 1989" means the Criminal Justice (Legal Aid) (Amendment) Regulations, 1989 ( S.I. No. 129 of 1989 ) and "the Regulations of 1990" means the Criminal Justice (Legal Aid) (Amendment) Regulations, 1990 ( S.I. No. 20 of 1990 ).

4. Regulation 7 (as inserted by the Regulations (No. 2) of 1988 and as amended by the Regulations of 1990 and by the Criminal Justice (Legal Aid) (Amendment) Regulations, 1991 ( S.I. No. 24 of 1991 )) of the Criminal Justice (Legal Aid) (Amendment) Regulations, 1975 ( S.I. No. 100 of 1975 ), is hereby amended by the substitution of "£28.11" for "£27.03".

5. Regulation 3 (2) (a) (as inserted by the Regulations (No. 2) of 1988 and as amended by the Regulations of 1990) of the Criminal Justice (Legal Aid) (Amendment) Regulations, 1978 ( S.I. No. 33 of 1978 ), is hereby amended by the substitution of "£54.22" for "£52.13" and of "£24.12" for "£23.19".

6. Regulation 10 (5) (as inserted by the Regulations of 1989 and as amended by the Regulations of 1990) of the Criminal Justice (Legal Aid) Regulations, 1965 ( S.I. No. 12 of 1965 ) is hereby amended by the substitution of "£49.04" for "£47.15".

7. Regulation 5 of the Regulations of 1989 (as amended by the Regulations of 1990) is hereby amended by the substitution of "£56.22" for "£54.06".

GIVEN under my Official Seal, this 28th day of March, 1991.

RAY BURKE,

Minister for Justice.

The Minister for Finance consents to the making of the foregoing Regulations in so far as they are in relation to rates or scales of payment of fees, costs or expenses.

GIVEN under my Official Seal, this 28th day of March, 1991.

ALBERT REYNOLDS,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations, which take effect from 1 January, 1991, provide for an increase of 4% in the fees payable under the criminal legal aid scheme to solicitors for attendance in the District Court and for appeals to the Circuit Court, and to solicitors and counsel in respect of visits to prisons and other custodial centers and for certain bail applications.