UNITED KINGDOM STATUTORY INSTRUMENT
2022 No. 397
Legal Aid And Advice, England And Wales
The Early Legal Advice Pilot Scheme Order 2022
Made 23th March 2022
Coming into force 24th March 2022
The Lord Chancellor makes the following Order in exercise of the powers conferred by sections 2(3), 9(2), 11(1)(b) and (6), 21, 23, and 41 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
A draft of this Order was laid before Parliament in accordance with section 41(6) of that Act and approved by a resolution of each House of Parliament.
S-1
Citation, commencement and extentCitation, commencement and extent
1.—(1) This Order may be cited as the Early Legal Advice Pilot Scheme Order 2022 and comes into force on the day after the date on which it is made.
(2) This Order extends to England and Wales.
Interpretation
2. In this Order—
“the Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012;
“the pilot period” has the meaning given in article 3(1);
“the pilot scheme” has the meaning given in article 3;
“pilot scheme participant” has the meaning given in article 4(1).
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The Early Legal Advice Pilot SchemeThe Early Legal Advice Pilot Scheme
3.—(1) The modifications of enactments made in the Schedule (“the pilot scheme”) have effect for the period beginning with 1st April 2022 and ending with 31st March 2024 (“the pilot period”).
(2) Notwithstanding paragraph (1), the pilot scheme continues to have effect after the end of the pilot period in relation to—
(a)
(a) a pilot scheme participant who was provided, during the pilot period, with less than three hours of advice and assistance in accordance with paragraph 47 of Schedule 1 to the Act;
(b)
(b) a person who provided advice and assistance to a pilot scheme participant in accordance with paragraph 47 of Schedule 1 to the Act—
(i) during the pilot period, or
(ii) after the end of the pilot period, in accordance with sub-paragraph (a).
Pilot scheme participants
4.—(1) An individual is a pilot scheme participant if that individual—
(a)
(a) lives, or is habitually resident, in the area of Manchester City Council or the area of Middlesbrough Council,
(b)
(b) has been selected for participation in the pilot scheme—
(i) by reference to criteria contained in guidance published by the Lord Chancellor, and
(ii) by a person appointed by the Lord Chancellor, and
(c)
(c) has been notified by that person that they have been so selected.
(2) For the purposes of paragraph (1)(b), the Lord Chancellor must—
(a)
(a) publish guidance, and
(b)
(b) appoint a person to select pilot scheme participants.
David Wolfson
Parliamentary Under Secretary of State
Ministry of Justice
23rd March 2022
SCHEDULE
Article 3
Modification of enactments
1. Modification of the Legal Aid, Sentencing and Punishment of Offenders Act 2012
(1) The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is modified as follows.
(2) Part 1 of Schedule 1 (civil legal services) has effect as if after paragraph 46 there were inserted—
“
Early legal advice in relation to housing, debt and welfare benefits(47) (1) Civil legal services provided to an individual in relation to—(a) housing;(b) debt;(c) a benefit, allowance, payment, credit or pension under—(i) a social security enactment;(ii) the Vaccine Damage Payments Act 19792;(iii) Part 4 of the Child Maintenance and Other Payments Act 20083;(d) a council tax reduction scheme.(2) General exclusionsSub-paragraph (1) is subject to the exclusions in Part 2 of this Schedule, with the exception of paragraphs 1 and 15 of that Part.Specific exclusions(3) The services described in sub-paragraph (1) do not include advocacy.(4) The services described in sub-paragraph (1) do not include the provision of more than three hours of advice and assistance in total—(a) in respect of any one or more of those services;(b) by one or more providers of those services.(5) The services described in sub-paragraph (1) only include services provided to an individual who is a pilot scheme participant in relation to the Early Legal Advice Pilot Scheme.(6) DefinitionsIn this paragraph—(a) “council tax reduction scheme” has the meaning given in paragraph 8A(4);(b) “the Early Legal Advice Pilot Scheme” means the pilot scheme established by the Early Legal Advice Pilot Scheme Order 2022;(c) “home” has the meaning given in paragraph 33(9) to (13);(d) “housing” means matters which concern—(i) the possession, status, terms of occupation, repair, improvement, eviction from, quiet enjoyment of, or payment of rent or other charges for, an individual’s home;(ii) the rights of leaseholders under the terms of their lease or under any statutory provision (including in relation to leasehold enfranchisement);(iii) the allocation and transfer of housing and the provision of sites for occupation,but does not include disputes relating to any boundary of a property;(e) “pilot...
