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(a) for the purposes of this regulation and regulations 2, 3, 5 and 7, on 31st October 2005;

(b) for the purposes of regulation 4, on the date when sections 1G and 1H of the Crime and Disorder Act 1998[3] come into force;

(c) for the purposes of regulation 6, on the date when section 5A of the Protection from Harassment Act 1997[4] comes into force.

    (2) In these Regulations, "the 2001 Regulations" means the Criminal Defence Service (General) (No. 2) Regulations 2001[5].

Amendments to regulation 3(2) of the 2001 Regulations (criminal proceedings)
     2. Regulation 3(2) of the 2001 Regulations is amended as follows.

     3. For regulation 3(2)(b) substitute—

" (b) proceedings under sections 1, 1D and 4 of the 1998 Act relating to anti-social behaviour orders;"

     4. After regulation 3(2)(b) insert—

" (ba) proceedings under sections 1G and 1H of the 1998 Act relating to intervention orders, in which an application for an anti-social behaviour order has been made ;".

     5. —(1) At the end of regulation 3(2)(h) omit "and".

    (2) In regulation 3(2)(i) for "the making or extension of a closure order, and appeals against such an order" substitute "closure orders;".

    (3) After regulation 3(2)(i) insert—

" (j) proceedings under sections 20, 22, 26 and 28 of the Anti-Social Behaviour Act 2003[6] relating to parenting orders in cases of exclusion from school and parenting orders in respect of criminal conduct and anti-social behaviour;

(k) proceedings under sections 97, 100 and 101 of the Sexual Offences Act 2003[7] relating to notification orders and interim notification orders;

(l) proceedings under sections 104, 108, 109 and 110 of the Sexual Offences Act 2003 relating to sexual offences prevention orders and interim sexual offences prevention orders;

(m) proceedings under sections 114, 118 and 119 of the Sexual Offences Act 2003 relating to foreign travel orders;

(n) proceedings under sections 123, 125, 126 and 127 of the Sexual Offences Act 2003 relating to risk of sexual harm orders and interim risk of sexual harm orders;

(o) proceedings under Part 1A of Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000[8] relating to parenting orders for failure to comply with orders under section 20 of that Act; and".

     6. After regulation 3(2)(o) insert—

" (p) proceedings under section 5A of the Protection from Harassment Act 1997 relating to restraining orders on acquittal.".

Amendments to regulation 5 of the 2001 Regulations (advice and assistance – financial eligibility)
     7. In regulation 5—

(a) in paragraph (3), for "£192" substitute "£194";

(b) in paragraph (5), for "£91" substitute "£92".

Signed by authority of the Secretary of State


Bridget Prentice
Parliamentary Under Secretary of State Department for Constitutional Affairs

9th October 2005

[2] By virtue of the Secretary of State for Constitutional Affairs Order 2003 (S.I.2003/1887), articles 4(1) and 9, Schedule 1 and Schedule 2, paragraph 11(1).back

[3] 1998 c.37; sections 1G and 1H were inserted by section 20 of the Drugs Act 2005 (c.17).back

[4] 1997 c.40; section 5A was inserted by the Domestic Violence, Crime and Victims Act 2004 (c.28), section 12(5).back

[5] S.I. 2001/1437; relevant amending instruments are S.I. 2002/712, 2002/2785, 2003/644 and 2004/1196.back

[6] 2003 c 38.back

[7] 2003 c.42.back

[8] 2000 c.6; Part 1A of Schedule 1 was inserted by the Criminal Justice Act 2003 (c.44), section 324 and Schedule 34, paragraph 6.back

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