Legal Aid Act 1988
Act of the Parliament of the United Kingdom
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The Legal Aid Act 1988 (c. 34) is an act of the Parliament of the United Kingdom that made new provision for the administration of, and revised the law relating to, legal aid, advice and assistance in England and Wales.[1] The act established the Legal Aid Board to oversee the administration of legal aid in place of the Law Society, and restructured the provision of legal aid under a framework covering advice and assistance, civil legal aid, and criminal legal aid.
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Long titleAn Act to make new provision for the administration of, and to revise the law relating to, legal aid, advice and assistance.
Territorial extentEngland and Wales[b]
Royal assent29 July 1988
| Act of Parliament | |
| |
| Long title | An Act to make new provision for the administration of, and to revise the law relating to, legal aid, advice and assistance. |
|---|---|
| Citation | 1988 c. 34 |
| Territorial extent | England and Wales[b] |
| Dates | |
| Royal assent | 29 July 1988 |
| Commencement | |
| Repealed | 1 April 2000[f] |
| Other legislation | |
| Amends |
|
| Repeals/revokes | See § Repealed enactments |
| Amended by |
|
| Relates to | |
Status: Partially repealed | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
Provisions
Repealed enactments
Section 45(2) of the act repealed 29 enactments, listed in schedule 6 to the act.[2]
| Citation | Short title | Extent of repeal |
|---|---|---|
| 1967 c. 80 | Criminal Justice Act 1967 | Section 90. |
| 1974 c. 4 | Legal Aid Act 1974 | The whole act. |
| 1974 c. 47 | Solicitors Act 1974 | Section 75(d). |
| In schedule 3, paragraph 10. | ||
| 1975 c. 72 | Children Act 1975 | Section 65. |
| In schedule 3, paragraph 82. | ||
| 1976 c. 36 | Adoption Act 1976 | In schedule 3, paragraph 18. |
| 1976 c. 63 | Bail Act 1976 | Section 11. |
| 1976 c. 71 | Supplementary Benefits Act 1976 | In schedule 7, paragraphs 33 and 35. |
| 1977 c. 38 | Administration of Justice Act 1977 | In schedule 1, part I. |
| 1977 c. 45 | Criminal Law Act 1977 | In schedule 12, the entry relating to the Legal Aid Act 1974. |
| 1978 c. 22 | Domestic Proceedings and Magistrates' Courts Act 1978 | In schedule 2, paragraphs 45 and 52. |
| 1979 c. 26 | Legal Aid Act 1979 | The whole act. |
| 1979 c. 55 | Justices of the Peace Act 1979 | In schedule 2, paragraph 27. |
| 1980 c. 5 | Child Care Act 1980 | In schedule 5, paragraph 36. |
| 1980 c. 30 | Social Security Act 1980 | In schedule 4, paragraph 9. |
| 1980 c. 43 | Magistrates' Courts Act 1980 | In schedule 7, paragraphs 126 to 129. |
| 1981 c. 49 | Contempt of Court Act 1981 | Section 13. |
| In schedule 2, part I. | ||
| 1982 c. 27 | Civil Jurisdiction and Judgments Act 1982 | Section 40(1). |
| 1982 c. 44 | Legal Aid Act 1982 | The whole act. |
| 1982 c. 48 | Criminal Justice Act 1982 | Section 25(2). |
| Section 29(3). | ||
| Section 60(4). | ||
| 1983 c. 41 | Health and Social Services and Social Security Adjudications Act 1983 | In schedule 1, paragraph 3. |
| 1984 c. 42 | Matrimonial and Family Proceedings Act 1984 | In schedule 1, paragraph 18. |
| 1984 c. 60 | Police and Criminal Evidence Act 1984 | Section 59. |
| 1985 c. 23 | Prosecution of Offences Act 1985 | Section 16(8). |
| In section 19(2)(b), the words "(including any legal aid order)". | ||
| In section 21(1), the definition of "legal aid order". | ||
| 1985 c. 61 | Administration of Justice Act 1985 | Sections 45 and 46. |
| In schedule 7, paragraphs 1 to 3. | ||
| 1986 c. 28 | Children and Young Persons (Amendment) Act 1986 | Section 3(3). |
| 1986 c. 47 | Legal Aid (Scotland) Act 1986 | In section 4(2)(c), the words "for the purposes of this Act". |
| In section 16, subsection (1) and, in subsection (2), the words "in this section and". | ||
| In section 17, subsections (3) to (8). | ||
| Section 18(1). | ||
| In section 32(a), the words ", out of the Fund". | ||
| In schedule 1, paragraph 2(4). | ||
| 1986 c. 50 | Social Security Act 1986 | In schedule 10, paragraphs 46, 47 and 56. |
| 1986 c. 55 | Family Law Act 1986 | Section 64. |
| 1987 c. 38 | Criminal Justice Act 1987 | In schedule 2, paragraphs 7 and 8. |
Subsequent developments
The whole act, except section 33, schedule 4 and part of schedule 5, was repealed by section 106 of, and schedule 15 to, the Access to Justice Act 1999, which came into force on 1 April 2000.[3]
Notes
- Section 47(1).
- Section 47(6). Section 44 and schedule 4, which amended the Legal Aid (Scotland) Act 1986, extended to Scotland only.
- Section 47(4).
- Section 47(2). The Legal Aid Act 1988 (Commencement No. 1) Order 1988 (SI 1988/1361).