Joint Committee on Statutory Instruments Fourth Report


Memorandum by the Lord Chancellor's Department


1.  The Lord Chancellor's Department submits this memorandum in response to the request dated 9 December 1998 on the following point:

    Set out the text of paragraph (1) of regulation 30 of the 1989 Regulations (1989/340) prior to its amendment by this instrument, identifying all the instruments amending the 1989 Regulations which introduced or altered that paragraph.

2.   The text of regulation 30(1) prior to its amendment by S.I. 1998/2907 is set out below. Regulation 30(1) was substituted by S.I. 1992/591. Unfortunately, this was erroneously cited in footnote (b) of S.I. 1998/2907 as "S.I. 1989/591". Regulation 30(1) was later amended by S.I. 1994/1823 and 1995/949. These amendments are footnoted in the extract below.

  30.-(1) Subject to paragraphs (2), (3) and (4),[4] in any assessment or review of a claim for costs made under these Regulations the amount to be allowed shall be assessed under the Costs Regulations as if the work done was work done by a solicitor in criminal proceedings in a magistrates' court, save that-

    (a) any reference in regulation 7 to regulation 54 of the General Regulations shall be construed as a reference to regulation 22(7) of these Regulations;[5]

    (b) the words from "in taking" to "given or" in regulation 7(6)[6] shall not apply; and

    (c) Schedule 6 to these Regulations shall apply instead of Part I of Schedule 1 to the Costs Regulations.[7]


3.  Before its substitution by S.I. 1992/591, a new version of regulation 30(1) had been substituted by S.I. 1989/560, and this version was amended by S.I. 1991/636 and 1991/2305.

11th December 1998

4   Words in bold type substituted for the words "and (3)" by S.I. 1994/1823. Back

5   Word "and" here deleted by S.I. 1995/949. Back

6   Words "and paragraphs 2 and 3 of Schedule 1, Part I" here deleted by S.I. 1995/949. Back

7   Words in bold type inserted by S.I. 1995/949. Back

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