The Civil and Criminal Legal Aid (Amendment) Regulations 2015
| Jurisdiction | UK Non-devolved |
| Citation | SI 2015/1416 |
| Year | 2015 |
2015No. 1416
LEGAL AID AND ADVICE, ENGLAND AND WALES
The Civil and Criminal Legal Aid (Amendment) Regulations 2015
23rdJune2015
26thJune2015
The Lord Chancellor makes these Regulations in exercise of the powers conferred by sections 2(3), 12(2) and (3), 14(h), 21(2) to (4), 23(1) and (6), and 41(1) to (3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012( 1).
Citation and commencement
1.-(1) These Regulations may be cited as the Civil and Criminal Legal Aid (Amendment) Regulations 2015.
(2) These Regulations come into force-
(a) for the purposes of regulations 2(3)(b), 2(5)(b), 3(b) and (c) and 6(3) on 31st July 2015;
(b) for all other purposes on 17th July 2015.
Amendments to the Civil Legal Aid (Procedure) Regulations 2012
2.-(1) The Civil Legal Aid (Procedure) Regulations 2012( 2) are amended as follows.
(2) In regulation 2( 3) (interpretation), in the definition of "family dispute", after paragraph (h)
insert-
"(ha) paragraph 15A (female genital mutilation protection orders)( 4);".
(3) In regulation 23( 5) (the application) after paragraph (3)-
(a) insert-
"(3A) An application for civil legal services described in paragraph 32(1) of Part 1 of Schedule 1 to the Act to be provided as Controlled Work to an individual must be made-
(a) where a conclusive determination described in paragraph 32(1)(a) of Part 1 of Schedule 1 to the Act has been made in relation to that individual, within twelve months of the date of that determination;
(b) where a determination by a competent authority described in paragraph 32(6) of Part 1 of Schedule 1 to the Act has been made in relation to that individual and the individual has been given-
(i) leave to remain in the United Kingdom outside the rules made under section 3(2) of the Immigration Act 1971( 6), or
(ii) temporary admission or release under paragraph 21( 7) of Schedule 2 to that Act),
on or before the latest date on which that leave or temporary admission or release comes to an end,
(and in any case where both sub-paragraphs (a) and (b) apply, the application must be made by the latest date specified by those sub-paragraphs).", and
(b) insert-
"(3B) An application for civil legal services described in paragraph 32A(1)( 8) of Part 1 of Schedule 1 to the Act to be provided as Controlled Work to an individual must be made-
(a) where a conclusive determination described in paragraph 32A(1)(a) of Part 1 of Schedule 1 to the Act has been made in relation to that individual, within twelve months of the date of that determination;
(b) where a determination by a competent authority described in paragraph 32A(6) of Part 1 of Schedule 1 to the Act has been made in relation to that individual and the individual has been given-
(i) leave to remain in the United Kingdom outside the rules made under section 3(2) of the Immigration Act 1971, or
(ii) temporary admission or release under paragraph 21 of Schedule 2 to that Act,
on or before the latest date on which that leave or temporary admission or release comes to an end,
(and in any case where both sub-paragraphs (a) and (b) apply, the application must be made by the latest date specified by those sub-paragraphs).".
(4) In regulation 30 (applicants)-
(a) at the end of paragraph (2)(a) omit "or", and
(b) after paragraph (2)(b) insert-
"; or
(c) the proposed provider if the application is made in relation to proceedings in the youth court for civil legal services in circumstances where a child is permitted to conduct proceedings on the child's own behalf.".
(5) In regulation 31( 9) (the application)-
(a) after paragraph (7) insert-
"(7A) Regulations 33 and 34 do not apply to an application for legal representation for an individual where a determination has already been made that the individual qualifies for family help (higher) ("the initial determination") and-
(a) the initial determination has not been withdrawn by the Director under regulation 42(1); and
(b) the application is for legal representation in the same proceedings as those for which the initial determination was made.";
(b) for paragraph (8) substitute-
"(8) An application for civil legal services described in paragraph 32(1) of Part 1 of Schedule 1 to the Act to be provided to an individual must be made-
(a) where a conclusive determination described in paragraph 32(1)(a) of Part 1 of Schedule 1 to the Act has been made in relation to that individual, within twelve months of the date of that determination;
(b) where a determination by a competent authority described in paragraph 32(6) of Part 1 of Schedule 1 to the Act has been made in relation to that individual and the individual has been given-
(i) leave to remain in the United Kingdom outside the rules made under section 3(2) of the Immigration Act 1971, or
(ii) temporary admission or release under paragraph 21 of Schedule 2 to that Act,
on or before the latest date on which that leave or temporary admission or release comes to an end,
(and in any case where both sub-paragraphs (a) and (b) apply, the application must be made by the latest date specified by those sub-paragraphs).
(9) An application for civil legal services described in paragraph 32A(1) of Part 1 of Schedule 1 to the Act to be provided to an individual must be made-
(a) where a conclusive determination described in paragraph 32A(1)(a) of Part 1 of Schedule 1 to the Act has been made in relation to that individual, within twelve months of the date of that determination;
(b) where a determination by a competent authority described in paragraph 32A(6) of Part 1 of Schedule 1 to the Act has been made in relation to that individual and the individual has been given-
(i) leave to remain in the United Kingdom outside the rules made under section 3(2) of the Immigration Act 1971, or
(ii) temporary admission or release under paragraph 21 of Schedule 2 to that Act,
on or before the latest date on which that leave or temporary admission or release comes to an end,
(and in any case where both sub-paragraphs (a) and (b) apply, the application must be made by the latest date specified by those paragraphs).".
(6) In regulation 33( 10) (supporting documents: domestic violence)-
(a) in paragraph (2)-
(i) after sub-paragraph (ea) insert-
"(eb) a relevant conviction for a domestic violence offence where B was convicted of that offence within the twenty four month period immediately preceding the date of the application for civil legal services;";
(ii) in sub-paragraph (j) for paragraph (i) substitute-
"(i) that within the twenty four month period immediately preceding the date of the application for civil legal...
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