The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2021
| Jurisdiction | UK Non-devolved |
2021 No. 1423
LEGAL AID AND ADVICE, ENGLAND AND WALES
The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2021
Made 9December 2021
Laid 14December 2021
Coming into force 12January 2022
The Lord Chancellor in exercise of the powers conferred by sections 21(2), 23(5)(a) and 41(1)(a), and (b), (2)(a) and (b) and (3)(c) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012(a) makes the following Regulations.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Civil Legal Aid (Financial Resources and
Payment for Services) (Amendment) Regulations 2021 and come into force on 12th January 2022.
(2) These Regulations extend to England and Wales.
Amendments to the Civil Legal Aid (Financial Resources and Payment for Services)
Regulations 2013
2.—(1) The Civil Legal Aid (Financial Resources and Payment for Services) Regulations
2013(b) are amended as follows.
(2) In regulation 5 (exceptions from requirement to make a determination in respect of an
individual’s financial resources)—
(a) in paragraph (1)—
(i) at the end of sub-paragraph (ka), omit “and”;
(ii) after sub-paragraph (l), insert—
“(m) other legal services(c) at an inquest under the Coroners and Justice Act 2009(d)
into the death of a member of the family of the individual who has made an
application where the Director has made a relevant determination; and
(a) 2012 c. 10; section 42(1) of the Act provides that in Part 1 of that Act “regulations” means regulations made by the Lord
Chancellor.
(b) S.I. 2013/480; relevant amending instruments are S.I. 2013/512, 2013/753, 2014/812, and 2014/2701.
(c) The term “other legal services” is defined in regulation 2(4) of the Civil Legal Aid (Financial Resources and Payment for
Services) Regulations (S.I. 2013/480), and further defined in regulation 19 of the Civil Legal Aid (Merits) Regulations 2013
(d) 2009 c. 25.
(n) legal help(a) at an inquest under the Coroners and Justice Act 2009 to the extent
that the individual to whom the legal help may be provided is an individual to
whom sub-paragraph (m) applies.”;
(b) in paragraph (2)—
(i) after the definition of “mediator” insert—
““relevant determination” means—
(a) an exceptional case determination as described in section 10(3) of the Act to the
extent that it relates to an inquest; or
(b) a wider public interest determination as described in section 10(5) of the Act.”;
(c) after paragraph (2) insert—
“(3) For the purpose of paragraph (1)(m), an individual is a member of another
individual’s family if their relationship is as described in section 10(6) of the Act.”.
(3) In regulation 10 (waiver of eligibility limits and contributions in inquests)—
(a) at the end of paragraph (1), after the words “of the application” add “except where
regulation 5(1)(n) applies”;
(b) omit paragraph (2);
(c) in paragraph (3)...
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