The Civil Legal Aid (Statutory Charge) Regulations 2013
| Year | 2013 |
2013 No. 503
Legal Aid And Advice, England And Wales
The Civil Legal Aid (Statutory Charge) Regulations 2013
Made 6th March 2013
Laid before Parliament 7th March 2013
Coming into force 1st April 2013
The Lord Chancellor makes the following Regulations1in exercise of the powers conferred by sections 2(3), 5(2), 25(3) to (6) and 41(3)(a) of the Legal Aid, Sentencing and Punishment of Offenders Act 20122(“the Act”).
PART 1
INTERPRETATION AND GENERAL
Citation and commencement
1. These Regulations may be cited as the Civil Legal Aid (Statutory Charge) Regulations 2013 and come into force on 1st April 2013.
Interpretation
2.—(1) In these Regulations—
“the Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012;
“certificate” means a certificate issued under the Civil Legal Aid (Procedure) Regulations 20123;
“child” means an individual under the age of 18;
“CPR” means the Civil Procedure Rules 19984, and a reference to a Part or a rule, prefixed by “CPR”, means the Part or rule so numbered in the CPR;
“family enactment” has the same meaning as in paragraph 12(9) of Part 1 of Schedule 1 to the Act (civil legal services);
“family relationship” and “matter arising out of a family relationship” have the same meaning as in paragraphs 12(7) and (8) of Part 1 of Schedule 1 to the Act5;
“family proceedings” means—
(a) any matter which is described in any of the following paragraphs of Part 1 of Schedule 1 to the Act—
(i) paragraph 1 (care, supervision and protection of children);
(ii) paragraph 9 (inherent jurisdiction of the High Court in relation to children and vulnerable adults), to the extent that the matter relates to—
(aa) a child; or
(bb) a vulnerable adult, but only to the extent that the matter arises out of a family relationship;
(iii) paragraph 10 (unlawful removal of children);
(iv) paragraph 11 (family homes and domestic violence);
(v) paragraph 12 (victims of domestic violence and family matters);
(vi) paragraph 13 (protection of children and family matters);
(vii) paragraph 14 (mediation in family disputes);
(viii) paragraph 15 (children who are parties to family proceedings);
(ix) paragraph 16 (forced marriage);
(x) paragraph 17 (EU and international agreements concerning children); or
(xi) paragraph 18 (EU and international agreements concerning maintenance); or
(b) a matter arising out of a family relationship in respect of which the Director has made an exceptional case determination under section 10 of the Act (exceptional cases) and which is under—
(i) a family enactment; or
(ii) the Trusts of Land and Appointment of Trustees Act 19966;
“legally aided party” means an individual or legal person7to whom civil legal services have been made available under Part 1 of the Act (legal aid);
“legally aided party’s costs order” and “legally aided party’s costs agreement” mean, respectively, an order and an agreement that another party to relevant proceedings or a relevant dispute pay all or part of the costs of the legally aided party;
“legal aid only costs” means those costs described as such under whichever of the following contracts between the Lord Chancellor and the provider governs the provision of the civil legal services in the relevant proceedings or relevant dispute—
(a) the 2010 Standard Civil Contract;
(b) the 2013 Standard Civil Contract;
(c) the 2013 Individual Case Contract (High Cost Civil); or
(d) the 2013 Individual Case Contract (Civil)8;
“maintenance” means money or money’s worth paid towards the support of a former partner, child or other person for whose support the payer has previously been responsible or has made payments;
“partner” means—
(a) a legally aided party’s spouse or civil partner, from whom the party is not separated due to a breakdown in the relationship which is likely to be permanent;
(b) a person with whom the legally aided party lives as a couple; or
(c) a person with whom the legally aided party ordinarily lives as a couple, from whom the party is not separated due to a breakdown in the relationship which is likely to be permanent;
“provider” means a person who provides civil legal services under Part 1 of the Act;
“relevant dispute” means a dispute in connection with which civil legal services have been made available to the legally aided party;
“relevant proceedings” means proceedings in connection with which civil legal services have been made available to the legally aided party;
“statutory charge” means the charge created by section 25(1) of the Act (charges on property in connection with civil services); and
“the arrangements” means arrangements made by the Lord Chancellor under section 2(1) of the Act (arrangements).
(2) Where in these Regulations a reference is made to a form of civil legal services, that is a reference to that form of civil legal services as defined in Part 2 of the Civil Legal Aid (Merits Criteria) Regulations 20139.
Delegation
3. A function of the Lord Chancellor under these Regulations may be exercised by a person authorised for that purpose by the Lord Chancellor, or an employee of that person10.
PART 2
OPERATION OF THE STATUTORY CHARGE
Calculation of the statutory charge
4.—(1) The amount of the statutory charge does not include, except where paragraph (2) or (3) applies, the cost to the Lord Chancellor of providing the following forms of civil legal services—
(a)
(a) legal help;
(b)
(b) help at court;
(c)
(c) family help (lower);
(d)
(d) family mediation; or
(e)
(e) help with family mediation.
(2) Where a legally aided party receives family help (higher) or legal representation, the amount of the statutory charge includes the cost to the Lord Chancellor of providing legal help, help at court, family help (lower) or help with family mediation, where made available, in connection with the same proceedings or dispute.
(3) Where the cost of providing family help (lower) exceeds the amount which would otherwise have qualified for the standard fee, the amount of the statutory charge includes—
(a)
(a) the cost of providing legal help and family help (lower) to the extent that those costs exceed that amount; and
(b)
(b) any disbursements.
(4) The amount of the statutory charge does not include any settlement fee paid in relation to family proceedings.
(5) In this regulation, “standard fee” and “settlement fee” mean the fees set out in regulations made under section 2(3) of the Act.
Exceptions to the statutory charge
5.—(1) The statutory charge does not apply to the following property recovered or preserved by a legally aided party in relevant proceedings, or in any compromise or settlement of a relevant dispute,—
(a)
(a) any periodical payment of maintenance;
(b)
(b) any sum or sums ordered to be paid under—
(i) section 25B(4) (pensions) or 25C (pensions: lump sums) of the Matrimonial Causes Act 197311;
(ii) section 5 of the Inheritance (Provision for Family and Dependants) Act 197512(interim orders);
(iii) Part 4 of the Family Law Act 199613(family homes and domestic violence); or
(iv) paragraph 25(2) or 26 of Schedule 5 to the Civil Partnership Act 200414(financial relief in the High Court or a County Court etc.);
(c)
(c) half of any redundancy payment within the meaning of Part 11 of the Employment Rights Act 199615(redundancy payments etc.); or
(d)
(d) any sum, payment or benefit which by virtue of any provision of, or made under, an Act of Parliament cannot be assigned or charged.
(2) The statutory charge does not apply to—
(a)
(a) a legally aided party’s clothes or household furniture; or
(b)
(b) the implements of a legally aided party’s trade,
except where the Lord Chancellor considers that there are exceptional circumstances, having regard in particular to the value or quantity of the items concerned.
(3) Where, by virtue of regulation 7, the statutory charge is in favour of a provider, it does not apply to a legally aided party’s main or only dwelling.
(4) Paragraphs (2) and (3) do not apply where the legally aided party is a legal person.
Partial exceptions to the statutory charge
6.—(1) The following amounts do not constitute a charge on any property recovered or preserved by the legally aided party in relevant proceedings or a relevant dispute—
(a)
(a) costs incurred by a provider as a result of fulfilling the provider’s statutory obligations to a legally aided party with a disability within the meaning of the Equality Act 201016;
(b)
(b) where a determination in relation to which a certificate is withdrawn (but not revoked) the cost of assessment proceedings, other than the cost of drawing up a bill for the purpose of those proceedings, under the—
(i) CPR, Part 47 (procedure for detailed assessment of costs and default provisions); or
(ii) Supreme Court Rules 2009, Part 717(fees and costs).
(2) The following amounts do not constitute a charge on any costs payable to a legally aided party under a legally aided party’s costs order or costs agreement—
(a)
(a) any contribution owed by the legally aided party under regulations made under section 23(2)(b) of the Act (payment for services);
(b)
(b) legal aid only costs.
(3) In this regulation, “revoked” means that a determination has been withdrawn in circumstances in which the Director has exercised the power to revoke the determination under the Civil Legal Aid (Procedure) Regulations 2012.
Statutory charge in favour of Lord Chancellor or provider
7.—(1) The statutory charge is in favour of the Lord Chancellor except in the circumstances described in paragraph (2).
(2) The statutory charge is in favour of the provider where—
(a)
(a) regulation 4(3) applies; and
(b)
(b) no certificate has been issued in connection with...
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