The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2023
| Jurisdiction | UK Non-devolved |
2023 No. 45
Legal Aid And Advice, England And Wales
The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2023
Made 18th January 2023
Laid before Parliament 19th January 2023
Coming into force 10th February 2023
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 20121, 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 2023 and come into force on 10 February 2023.
(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 20132are amended as follows.
(2) At the end of sub-paragraph (m) of regulation 5(1), omit “and”.
(3) After regulation 5(1)(n) insert—
“
(o)
(o) legal help in a matter described in paragraph 2 of Part 1 of Schedule 1 to the Act where—
(i) the applicant is a foster parent or an approved prospective adoptive parent of a child who is looked after by a local authority; and
(ii) the applicant makes or proposes to make an application to appeal to the First-tier Tribunal in accordance with section 51 of the Children and Families Act 20143in respect of that child;
(p)
(p) legal representation in relation to an appeal to the First-tier Tribunal (Special Educational Needs and Disability) where—
(i) the applicant is a foster parent or an approved prospective adoptive parent of a child who is looked after by a local authority;
(ii) the applicant makes an application to the First-tier Tribunal in accordance with section 51 of the Children and Families Act 2014 in respect of that child; and
(iii) the Director has made a determination under section 10(3) of the Act;
(q)
(q) legal help in a matter described in paragraph 2 of Part 1 of Schedule 1 to the Act where—
(i) the applicant was a foster parent of a young person with whom the young person is continuing to reside under a staying put arrangement;
(ii) the applicant making or proposing to make an application to appeal to the First-tier Tribunal is a person described in paragraphs (a), (b) or (c) of section 80(6) of the Children and Families Act 2014; and
(iii) the young person cannot make the application themselves; and
(r)
(r) legal representation in relation to an appeal to the First-tier Tribunal (Special Educational Needs and Disability) where—
(i) the applicant was a foster parent of a young person with whom the young person is continuing to reside under a staying put arrangement;
(ii) the applicant making the application to appeal to the First-tier Tribunal is a person described in paragraphs (a), (b) or (c) of section 80(6) of the Children and Families Act 2014;
(iii) the young person cannot make an application themselves; and
(iv) the Director has made a determination under section 10(3) of the Act.
(4) In regulation 5(2)—
(a)
(a) in the relevant places, insert—
“
“approved prospective adoptive parent” means an individual who has received notification from a local authority or an adoption agency that they have decided to approve the prospective adopter as suitable to adopt a child, in accordance with the Adoption Agencies Regulations 20054or the Adoption Agencies (Wales) Regulations 20055;
”;
“
“child who is looked after by a local authority” has the meaning set out in section 22 of the Children Act 19896and section 74 of the Social Services and Well-being (Wales) Act 20147;
”;
“
“foster parent” means a local authority foster parent as defined in...
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