The Civil Legal Aid (Merits Criteria) (Amendment) Regulations 2014
| Jurisdiction | UK Non-devolved |
| Citation | SI 2014/131 |
2014No. 131
LEGAL AID AND ADVICE, ENGLAND AND WALES
The Civil Legal Aid (Merits Criteria) (Amendment) Regulations 2014
23rdJanuary2014
27thJanuary2014
The Lord Chancellor makes the following Regulations( 1) in exercise of the powers conferred by sections 11(1)(b), 41(1)(a) and (b), (2)(b) and (3)(c) of, and paragraph 3(2) of Schedule 3 to, the Legal Aid, Sentencing and Punishment of Offenders Act 2012( 2) ("the Act").
In making these Regulations, in accordance with section 11(2), (3) and (5) of the Act, the Lord Chancellor-
(a) has considered the circumstances in which it is appropriate to make civil legal services available under Part 1 of the Act and, in particular, the extent to which the criteria ought to reflect the factors in section 11(3); and(b) is satisfied that the criteria reflect the principle that, in many disputes, mediation and other forms of dispute resolution are more appropriate than legal proceedings.In accordance with section 41(6) of the Act, a draft of this instrument was laid before Parliament and approved by resolution of each House of Parliament.
PART 1
GENERAL AND AMENDMENTS
Citation, commencement and interpretation
1. (1) These Regulations may be cited as the Civil Legal Aid (Merits Criteria) (Amendment) Regulations 2014 and come into force on 27th January 2014.
(2) In these Regulations-
"the Act" means the Legal Aid, Sentencing and Punishment of Offenders Act 2012; and
"the Merits Criteria Regulations" means the Civil Legal Aid (Merits Criteria) Regulations 2013( 3).
Amendments to the Merits Criteria Regulations
2. (1) The Merits Criteria Regulations are amended as follows.
(2) In regulation 2 (interpretation), in paragraph (b) of the definition of "private law children case"-
(a) after "(victims of domestic violence and family matters)" insert "or paragraph 15 (children who are parties to family proceedings)"; and(b) for "it relates to" substitute "such provisions relate to".(3) In regulation 43 (prospects of success criterion for determinations for full representation), omit paragraph (b) and the "or" preceding it.
(4) In regulation 56 (criteria for determinations for full representation in relation to public law claims), omit paragraph (3)(b) and the "or" preceding it.
(5) In regulation 58 (criteria for determinations for full representation in relation to claims against public authorities)-
(a) in paragraph (1)(a), before "apply" insert "and regulation 43 (prospects of success criterion for determinations for full representation)";(b) in paragraph (1)(b), for the words from ", regulation 42" to the end of paragraph (1)(b) substitute "and regulation 42 (cost benefit criteria) do not apply"; and(c) for paragraph (1)(c) substitute-"(c) paragraph (2) applies.";(d) omit paragraph (2)(b) and the "and" preceding it; and(e) omit paragraph (3).(6) In regulation 60(3)(b) (criteria for determinations for full representation in relation to immigration), omit "borderline or".
(7) In regulation 61 (criteria for determinations for full representation in relation to court orders for possession)-
(a) in paragraph (1)(a), before "apply" insert "and regulation 43 (prospects of success criterion for determinations for full representation)";(b) in paragraph (1)(b), for "41 to 44" substitute "41, 42 and 44";(c) in...To continue reading
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