The Civil Legal Aid (Procedure, Remuneration and Statutory Charge) (Amendment) Regulations 2018

JurisdictionUK Non-devolved

2018 No. 803

Legal Aid And Advice, England And Wales

The Civil Legal Aid (Procedure, Remuneration and Statutory Charge) (Amendment) Regulations 2018

Made 2nd July 2018

Laid before Parliament 2nd July 2018

Coming into force 1st September 2018

The Lord Chancellor makes the following regulations in exercise of the powers conferred by sections 2(3), 12(2), 25(3), 41(1)(a) and (b), 41(2)(a), and 41(3)(b) and (c) of the Legal Aid, Sentencing and Punishment of Offenders Act 20121.

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Civil Legal Aid (Procedure, Remuneration and Statutory Charge) (Amendment) Regulations 2018 and come into force on 1st September 2018.

S-2 Amendment to the Civil Legal Aid (Procedure) Regulations 2012

Amendment to the Civil Legal Aid (Procedure) Regulations 2012

2.—(1) The Civil Legal Aid (Procedure) Regulations 20122are amended as follows.

(2) In regulation 2 (interpretation), in the definition beginning “2010 Standard Civil Contract”, for “and “2015 Standard Civil Contract”” substitute “, “2015 Standard Civil Contract”, “2018 Standard Civil Contract” and “2018 CLA Contract””.

(3) In each of—

(a)

(a) regulation 20 (interpretation), in the definition of “relevant category”;

(b)

(b) paragraph (1)(c) of regulation 23 (the application);

(c)

(c) paragraph (4)(c) of regulation 31 (the application); and

(d)

(d) paragraph (1) of regulation 67 (the application),

for “or 2015 Standard Civil Contract” substitute “, 2015 Standard Civil Contract or 2018 Standard Civil Contract”.

(4) In regulation 21(2)(e) (Controlled Work – General):

(a)

(a) after “(ii) the Mental Health Tribunal for Wales;” insert “or”;

(b)

(b) after “(iii) the Immigration and Asylum Chamber of the First-tier Tribunal” insert “, other than in relation to an application for permission to appeal to the Immigration and Asylum Chamber of the Upper Tribunal.”; and

(c)

(c) omit “; or (iv) the Immigration and Asylum Chamber of the Upper Tribunal in relation to an appeal or review from the Immigration and Asylum Chamber of the First-tier Tribunal.”.

S-3 Amendments to the Civil Legal Aid (Remuneration) Regulations 2013

Amendments to the Civil Legal Aid (Remuneration) Regulations 2013

3.—(1) The Civil Legal Aid (Remuneration) Regulations 20133are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a)

(a) in the definition of “Category Definition”, for “or the 2015 Standard Civil Contract” substitute “, the 2015 Standard Civil Contract or the 2018 Standard Civil Contract”;

(b)

(b) in the definition of “the relevant contract”, for “or the 2016 Standard Civil Contract (Welfare Benefits)” substitute “, the 2016 Standard Civil Contract (Welfare Benefits) or the 2018 Standard Civil Contract”; and

(c)

(c) in the definition beginning “the 2010 Standard Civil Contract”, for “and the “2016 Standard Civil Contract (Welfare Benefits)”” substitute “, “the 2016 Standard Civil Contract (Welfare Benefits)” and “the 2018 Standard Civil Contract””.

(3) In regulation 5A (remuneration for civil legal services: judicial review)—

(a)

(a) in paragraph (3)(b), for ““2013 CLA Contract” means the contract” substitute ““2013 CLA Contract and “2018 CLA Contract” mean the contracts”; and

(b)

(b) in paragraph (3)(j), for “or the 2015 Standard Civil Contract” substitute “, the 2015 Standard Civil Contract, the 2018 Standard Civil Contract or the 2018 CLA Contract”.

S-4 Amendment to the Civil Legal Aid (Statutory Charge) Regulations 2013

Amendment to the Civil Legal Aid (Statutory Charge) Regulations 2013

4. In regulation 2(1) (interpretation) of the Civil Legal Aid (Statutory Charge) Regulations 20134, in the definition of “legal aid only costs”—

(a) in sub-paragraph (g) omit “or”; and

(b) after sub-paragraph (h) insert

“or

(i)

(i) the 2018 Standard...

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