The Civil Legal Aid (Procedure) (Amendment) Regulations 2020
| Jurisdiction | UK Non-devolved |
| Citation | SI 2020/439 |
| Year | 2020 |
2020 No. 439
Legal Aid And Advice, England And Wales
The Civil Legal Aid (Procedure) (Amendment) Regulations 2020
Made 17th April 2020
Laid before Parliament 21th April 2020
Coming into force 15th May 2020
The Lord Chancellor makes these Regulations, in exercise of the powers conferred by sections 12(2), (3)(a), (b), (e) and (g) and 41(1) to (3) of the Legal Aid, Sentencing and Punishment of Offenders Act 20121.
Citation, commencement and interpretation
1. These Regulations may be cited as the Civil Legal Aid (Procedure) (Amendment) Regulations 2020 and come into force on the 15th May 2020.
2. In these Regulations, “the Procedure Regulations” means the Civil Legal Aid (Procedure) Regulations 20122.
Amendment of the Procedure Regulations
The Procedure Regulations are amended as follows.
3. The Procedure Regulations are amended as follows.
4. In regulation 2 (Interpretation) omit the definition of “face-to-face provider”.
Part 2 (Gateway Work) is revoked.
5. Part 2 (Gateway Work) is revoked.
6. In regulation 23 (The application), after paragraph (1B), insert—
“1C. Where—
(a) an application is made for legal help in relation to any matter described in paragraph 41 (inquests) of Part 1 of Schedule 1 to the Act, and
(b) the Director has disapplied the financial eligibility limits in respect of that application in accordance with regulation 10(1) of the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 20133,
the Director may specify that the determination is to be treated as having effect from a date earlier than the date of the determination.”.
7. For regulation 61 (The application) substitute—
“61. (1) An individual applying for family mediation must attend the mediator’s premises in person unless—
(a)
(a) the proposed mediator decides that attendance in person is not necessary in accordance with the mediator’s arrangement with the Lord Chancellor under section 2(1) of the Act; or
(b)
(b) the individual—
resides, or is present, in the European Union;
cannot attend in person for good reason; and
authorises another person to attend on their behalf.
(2) An individual applying for family mediation must also—
(a)
(a) complete the application form specified by the Lord Chancellor; and
(b)
(b) provide any additional information and documents requested by the Director in order to make a determination in relation to the application.”
8. In Schedule 1 (Supporting Documents: Domestic Violence)—
(a) In paragraph 14, after “they are providing”, insert “, or have provided,”;
(b) In paragraph 15, after “they are providing”, insert “, or have provided,”;
(c) In paragraph 17, in sub-paragraph (2), for “England and Wales”, substitute “the United Kingdom”;
(d) In paragraph 20, for “under paragraph 289B of the Immigration Rules”, substitute “as a victim of domestic violence”.
Transitional provision
9.—(1) The amendments made by regulations 4 and 5 do not apply to an application for Gateway Work on which a determination is made before the coming into force date.
(2) For the purposes of this regulation, “determination” means a determination as described in Section 2 of the Specification to the...
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