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The Legal Aid (Financial Resources and Payment for Services) (Legal Persons) Regulations 2013

Consolidated Text Cited authorities 21 Cited in Amendments 6 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2013/512
Year2013
  • These Regulations may be cited as the Legal Aid (Financial Resources and Payment for Services) (Legal Persons) Regulations 2013 and come into force on 1st April 2013.
  • In these Regulations—
  • A function of the Director under these Regulations may be exercised by a person authorised for that purpose by the Director, or by an employee of that person
    • (1) The Director may at any time require a legal person to provide information in relation to a determination made under paragraph 3(1) (b) , 4(1) (c) or 5(2) (b) of Schedule 3 to the Act, or any application for such a determination.the form of the legal person and, in particular, whether it is profit-making or not;the financial resources of the legal person, including its assets and profits;the financial resources of any subsidiary of the legal person or any other related legal person;the financial resources of any person with a legal or beneficial interest in the legal person; andthe ability of the legal person to obtain sufficient means to fund the services in relation to which an application for civil or criminal legal aid has been made (whether by way of a loan, sale of shares, sale of share capital or any other method) .(3) The legal person must provide the Director with such information as the Director may request for the purposes of paragraph (1) within fourteen days of the Director making the request, or such other period as may be agreed by the Director and the legal person.
  • directly or indirectly deprived themselves of any resources;
  • transferred any resources to another person; or
  • in relation to civil legal aid, converted any part of their resources into resources which under Part 2 of these Regulations are to be wholly or partly disregarded,
  • of which the legal person is, or should reasonably be, aware;
  • which has occurred since any application or determination in respect of the legal person's financial resources; and
  • which might affect a determination that the legal person's financial resources are such that the legal person is eligible for civil or criminal legal aid or the amount, if any, of any contribution payable.
    • it appears to the Director that there has been an error in a determination in respect of a legal person's financial resources or the amount of any contribution payable, or in any calculation or estimate upon which that determination was based; ornew information which is relevant to the determination in respect of a legal person's financial resources has come to light,(2) The Director may take such steps as appear equitable to give effect to the amended determination under paragraph (1) in relation to any period during which civil or criminal legal aid has already been provided.(1) In this Part—
    • “application” means an application for a determination in respect of civil legal services made in accordance with regulations made under section 12 of the Act ;
    • “certificate” means a certificate issued under regulations made under section 12 of the Act;
    • “CPR” means the Civil Procedure Rules 1998 and a reference to a Part or a rule, prefixed by “CPR”, means the Part or rule so numbered in the CPR;
    • “disposable income” and “disposable capital” mean, respectively, the income and capital of the legal person calculated in accordance with regulations 19 to 28;
    • “multi-party action” means proceedings in which a number of persons have a cause of action which involves common or related issues of fact or law; and
    • “revocation” means the withdrawal of a determination in circumstances in which the Director has exercised the power to revoke the determination under regulations made under section 12 of the Act (and “revoked” has the equivalent meaning) .
    real benefits to the public at large, other than those which normally flow from cases of the type in question; andbenefits for an identifiable class of persons, other than the legal person to whom civil legal services may be provided.legal help;help at court;family help (lower) ;family help (higher) ;family mediation;help with family mediation;legal representation; andother legal services,(1) This Part applies for the purposes of determining whether a legal person qualifies for civil legal services under paragraph 3(1) (b) of Schedule 3 to the Act.(2) Subject to regulation 10, the Director must determine whether the legal person's financial resources are such that the legal person is eligible for civil legal services in accordance with these Regulations.
  • legal representation in relation to a matter which, if the legal person were an individual, would be a matter described in paragraph 17(1) (a) and (b) (EU and international agreements concerning children) of Part 1 of Schedule 1 to the Act, to the extent that the matter relates to an applicant under the 1980 European Convention on Child Custody
  • paragraph 17(1) (c) (EU and international agreements concerning children) of Part 1 of Schedule 1 to the Act; or
  • paragraph 18(1) (a) , (c) , (d) and (e) (EU and international agreements concerning maintenance) of Part 1 of Schedule 1 to the Act;
  • family help (higher) or legal representation in relation to a matter which, if the legal person were an individual, would be a matter described in paragraph 18(3) (parties who benefited from free legal aid etc. in the Member State of origin) of Part 1 of Schedule 1 to the Act; and
  • the matter relates to any application under Article 10(1) (a) or (b) of the
  • Article 17(b) of that Convention applies;
  • relates to any application under Article 56(1) of the EU Maintenance Regulation
  • is an application made by a creditor concerning maintenance obligations arising from a parent-child relationship towards a person under the age of 21
  • relates to any application under Article 10(1) (a) or (b) of the
  • is an application made by a creditor under the

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