Citation and commencement

1. This Order may be cited as the Football (Disorder) (Legal Advice and Assistance) Order 2000 and shall come into force on 28th August 2000.

Interpretation

2.-(1) In this Order-

(a)a reference to a section by number alone means the section so numbered in the Football Spectators Act 1989(2);

(b)"the 1988 Act" means the Legal Aid Act 1988(3);

(c)"ABWOR" means assistance by way of representation, which has the same meaning as in the 1988 Act;

(d)"section 14B respondent" means a respondent in proceedings in a magistrates' court under section 14B (banning orders made on a complaint);

(e)"section 14D appellant" means an appellant in an appeal to the Crown Court under section 14D (banning orders made on a complaint: appeals);

(f)"section 14G applicant" means a person applying under section 14G(2) (additional requirements of orders) for variation of a banning order made under section 14B;

(g)"section 14H applicant" means a person applying under section 14H (termination of orders) to terminate a banning order made under section 14B;

(h)"section 21B recipient" means a person to whom a notice is given under section 21B(2) (summary measures: reference to a court); and

(i)"section 21D appellant" means an appellant in an appeal to the Crown Court under section 21D(2) (summary measures: compensation).

Modification of Legal Aid Act 1988 and related regulations

3. The 1998 Act, the Legal Advice and Assistance (Scope) Regulations 1989(4) and the Legal Advice and Assistance Regulations 1989(5) shall be modified as set out in the following articles.

4. Section 32 of the 1988 Act shall be read as if it did not apply to ABWOR given to a section 21B recipient.

5.-(1) The modifications to the Legal Advice and Assistance (Scope) Regulations 1989 referred to in article 3 are set out in the following paragraphs of this article.

(2) The definition of "criminal proceedings" in regulation 3(3)(6) shall be read as also including proceedings under sections 14B, 14D, 14G, 14H, 21B and 21D.

(3) Part III shall be read as if it also included a regulation providing that Part III of the 1988 Act applied to ABWOR given to a section 14B respondent, a section 14D appellant, a section 14G applicant, a section 14H applicant, a section 21B recipient or a section 21D appellant.

6.-(1) The modifications to the Legal Advice and Assistance Regulations 1989 referred to in article 3 are set out in the following paragraphs of this article.

(2) Regulation 7(1)(7) shall be read as if it also referred to ABWOR given to a section 14B respondent or a section 21B recipient.

(3) ABWOR given to a section 21B recipient shall be available only under arrangements made as if under regulation 7(1), and regulation 22 shall accordingly not be applied to such ABWOR.

(4) Regulation 22(3) and the exception to regulation 22(5)(8) shall be read as if they also referred to ABWOR given to a section 14B respondent, a section 14D appellant, a section 14G applicant, a section 14H applicant or a section 21D appellant.

(5) Regulation 22(6A)(9) shall be read as if it also referred to ABWOR given to a section 14B respondent.

Explanatory Note

(This note is not part of the Order)

This Order, which is consequential upon the Football (Disorder) Act 2000, modifies the effect of the Legal Aid Act 1988, the Legal Advice and Assistance (Scope) Regulations 1989 (S.I. 1989/550) and the Legal Advice and Assistance Regulations 1989 (S.I. 1989/340) in respect of proceedings, under the following sections of the Football Spectators Act 1989 (as amended by the Football (Disorder) Act 2000)-

(a)section 14B (banning orders made on a complaint);

(b)section 14D (banning orders made on a complaint: appeals);

(c)section 14G(2) (additional requirements of orders);

(d)section 14H (termination of orders);

(e)section 21B (summary measures); and

(f)section 21D(2) (summary measures: compensation).