S.I. No. 20/1990 - Criminal Justice (Legal Aid) (Amendment) Regulations, 1990.


S.I. No. 20 of 1990.

CRIMINAL JUSTICE (LEGAL AID) (AMENDMENT) REGULATIONS, 1990.

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) Regulations, 1990.

(2) The collective citation "the Criminal Justice (Legal Aid) Regulations, 1965 to 1990" shall include these Regulations.

2. These Regulations shall be deemed to have come into operation on the 1st day of January, 1990.

3. In these Regulations "the Regulation of 1965" means the Criminal Justice (Legal Aid) Regulations, 1965 ( S.I. No. 12 of 1965 ), "the Regulations (No. 2) of 1988" means the Criminal Justice (Legal Aid) (Amendment) (No. 2) Regulations, 1988 ( S.I. No. 345 of 1988 ) and "the Regulations of 1989" means the Criminal Justice (Legal Aid) (Amendment) Regulations, 1989 ( S.I. No. 129 of 1989 ).

4. Regulations 11 (2) (a) (i) (as inserted by the Criminal Justice (Legal Aid) (Amendment) Regulations, 1986 ( S.I. No. 36 of 1986 )) of the Regulations of 1965 are hereby amended by the substitution of "55p" for "50p".

5. Regulation 7 (as inserted by the Regulations (No. 2) of 1988) of the Criminal Justice (Legal Aid) (Amendment) Regulations, 1975 ( S.I. No. 100 of 1975 ), is hereby amended by the substitution of "£27.03" for "£26.37" and of "55p" for "50p".

6. Regulation 3 (2) (a) (as inserted by the Regulations (No. 2) of 1988) of the Criminal Justice (Legal Aid) (Amendment) Regulations, 1978 ( S.I. No. 33 of 1978 ), is hereby amended by the substitution of "£52.13" for "£50.86" and of "£23.19" for "£22.62".

7. Regulation 10 (5) (as inserted by the Regulations of 1989) of the Regulations of 1965 is hereby amended by the substitution of "£47.15 for "£46".

8. Regulation 5 of the Regulations is hereby amended by the substitution of "£54.06" for "£52.74".

GIVEN under my Official Seal, this 22nd day of January, 1990.

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 22nd day of January, 1990.

ALBERT REYNOLDS,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations, which take effect from 1 January 1990, provide for an increase of 2.5 per cent in the fees payable under the criminal legal aid scheme to solicitors for attendances 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 centres and for certain bail applications. They also provide for an increase of 5p per mile in the motor mileage allowance payable to solicitors under the Scheme.