The Civil Legal Aid (Procedure) (Amendment) Regulations 2014

JurisdictionUK Non-devolved
CitationSI 2014/814

2014No. 814

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Civil Legal Aid (Procedure) (Amendment) Regulations 2014

24thMarch2014

27thMarch2014

22ndApril2014

The Lord Chancellor makes the following Regulations( 1) in exercise of the powers conferred by sections 12(2) to (4), 41(1)(a) and (b), and 41(3)(b) and (c) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012( 2).

PART 1

GENERAL AND AMENDMENTS

Citation, commencement and interpretation

1. (1) These Regulations may be cited as the Civil Legal Aid (Procedure) (Amendment) Regulations 2014 and come into force on 22nd April 2014.

(2) In these Regulations-

"the Act" means the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

"the Procedure Regulations" means the Civil Legal Aid (Procedure) Regulations 2012( 3).

Amendment of Regulation 33 (Supporting documents: domestic violence) of the Procedure Regulations

2. (1) Regulation 33 of the Procedure Regulations is amended as follows.

(2) In paragraph (2)-

(a) after sub-paragraph (e) insert-"(ea) evidence that B is on relevant police bail for a domestic violence offence;";(b) in sub-paragraph (f)-(i) for "the person appointed to chair" substitute "any person who is a member of"; and(ii) in paragraph (i) omit "high risk";(c) in sub-paragraph (h)-(i) after "a health professional" insert "who has access to the medical records of A";(ii) for "the professional" substitute "that professional, or another health professional";(iii) in paragraph (i) after "examined A" insert "in person";(iv) at the end of paragraph (i) insert "and";(v) at the end of paragraph (ii) omit "and"; and(vi) omit paragraph (iii);(d) in sub-paragraph (j), for paragraph (i) substitute-"(i) that A was, within the twenty four month period immediately preceding the date of the application for civil legal services (and, where relevant, that period commences with the date on which A left the refuge), admitted to a refuge established for the purpose of providing accommodation for victims of, or those at risk of, domestic violence;"; and(e) after sub-paragraph (j) insert-"(k) a letter or report from a domestic violence support organisation in the United Kingdom confirming-(i) that A was, within the twenty four month period immediately preceding the date of the application for civil legal services, refused admission to a refuge established for the purpose of providing accommodation for victims of, or those at risk of, domestic violence, on account of there being insufficient accommodation available in the refuge; and(ii) the date on which A was refused admission to the refuge;(l) a letter or report from-(i) the person to whom the referral described below was made;(ii) the health professional who made the referral described below; or(iii) a health professional who has access to the medical records of A,

confirming that there was, within the twenty four month period immediately preceding the date of the application for civil legal services, a referral by a health professional of A to a person who provides specialist support or assistance for victims of, or those at risk of, domestic violence;

(m) a...

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