Legal Services Commission, England And Wales Citation, commencement and application 1 1 These Regulations may be cited as the Criminal Defence Service (Financial Eligibility) (Amendment) Regulations 2009. 2 This regulation and regulations 2, 3, and 5 to 8 come into force on 11th January 2010. 3 Regulation 4 comes into force— a in relation to any magistrates’ court in any of the local justice areas listed in the first part of the Schedule to these Regulations, on 11th January 2010; and b in relation to any other magistrates’ court in any of the courts board areas listed— i in the second part of that table, on 12th April 2010; ii in the third part of that table, on 26th April 2010; iii in the fourth part of that table, on 10th May 2010; iv in the fifth part of that table, on 17th May 2010; v in the sixth part of that table, on 24th May 2010; vi in the seventh part of that table, on 14th June 2010; vii in the eighth part of that table, on 28th June 2010. 4 Regulation 4 applies only to proceedings in which an individual is committed for sentence by a magistrates’ court on or after the date on which that regulation comes into force in respect of that court. Amendment to the Criminal Defence Service (Financial Eligibility) Regulations 2006 2 The Criminal Defence Service (Financial Eligibility) Regulations 2006 are amended as follows. 3 In regulation 2— a in the definition of “child care costs”— i after “registered under” insert “Part 3 of the Childcare Act 2006 or”; ii for “or any of them is” substitute “or both of them is or are”; iii after “home” insert “and in this definition “relative” means a grandparent, brother, sister, aunt, uncle or first cousin, whether of the full blood or half blood or by marriage or civil partnership;”; b in the definition of “gross annual income”, after “disablement pension” insert— va housing benefit . 4 For regulation 3 substitute— 3 These Regulations apply to— a those criminal proceedings which— i are referred to in section 12(2)(a) to (f) of the Act and in regulation 3(2) (other than sub-paragraph (h)) of the Criminal Defence Service (General) (No. 2) Regulations 2001 ; and ii are in a magistrates’ court; and b criminal proceedings in which the individual— i has been committed to the Crown Court for sentence; and ii did not apply for, or was not granted, a representation order in a magistrates’ court. . 5 In regulation 5(3) for “directly or indirectly” substitute “, directly or indirectly, properly”. 6 In regulation 7(2)— a in paragraph (a) omit “or is likely to be”; b in paragraph (b) omit “or are likely to be”; c for the words from “resources of that” to the end substitute “maintenance or the resources made available and may treat the amount as the resources of the individual”. 7 In regulation 10— a in paragraph (2), after “annual income” insert “(without adjustment under regulation 9(1))”; b in paragraph (2)(d)(i) omit “, less any housing benefit paid under the Social Security Benefits and Contributions Act 1992”; c for paragraph (2)(f) substitute— f if the individual is making payments for the maintenance of a former partner or of a child or a relative who is not (in such case) a member of the individual’s household, the amount, where reasonable, of such payments paid or payable in respect of the period of calculation; and in this sub-paragraph “relative” means a parent, grandparent, grandchild, brother, sister, aunt, uncle, nephew, niece or first cousin, whether of the full blood or half blood or by marriage or civil partnership; . 8 Omit regulation 11(1)(b) and the word “and” immediately preceding it. Signed by authority of the Lord Chancellor Bach Parliamentary Under Secretary of State Ministry of Justice 27th October 2009