The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013
| Jurisdiction | UK Non-devolved |
| Citation | SI 2013/534 |
| Year | 2013 |
2013 No. 534
Legal Aid And Advice, England And Wales
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013
Made 7th March 2013
Laid before Parliament 11th March 2013
Coming into force 1st April 2013
The Lord Chancellor makes the following Regulations in exercise of the powers conferred by sections 25(4)(b) and 149 of the Legal Aid, Sentencing and Punishment of Offenders Act 20121.
Citation, commencement and interpretation
1. These Regulations may be cited as the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 and come into force on 1st April 2013.
2. In these Regulations—
“the Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012;
“the 1999 Act” means the Access to Justice Act 19992;
“certificate” means a certificate issued under the Funding Code;
“Certificated Work” means Licensed Work and Individual Case Contracts, which are further defined in Part A of Part 2 of the Funding Code (Funding Code: Procedures);
“the CLA Helpline” means the CLA Operator Service and the CLA Specialist Telephone Advisers;
“the CLA Operator Service” means the Community Legal Advice Operator Service;
“CLA Specialist Telephone Adviser” means a specialist telephone adviser under any of the following so named contracts3between a provider and the Commission—
(a) CLA Specialist Telephone Advice Contracts 2000;
(b) CLA Specialist Telephone Advice Family Contracts 2009; or
(c) CLA Specialist Telephone Advice Contracts 2013;
“the Commission” means the Legal Services Commission established under section 1 of the Access to Justice Act 1999;
“Community Legal Service” means the Community Legal Service described in section 4 of the 1999 Act;
“Criminal Defence Service” means the Criminal Defence Service described in section 12 of the 1999 Act;
“funded services” means services that are provided directly for an individual and funded for that individual as part of the Community Legal Service or as part of the Criminal Defence Service under Part 1 of the 1999 Act;
“the Funding Code” means the Funding Code approved under section 9 of the 1999 Act;
“levels of service” means the levels of service set out in paragraph 1.1, and further defined in paragraph 2.1, of Part 1 of the Funding Code (Funding Code: Criteria) and for the purpose of these Regulations Family Help (Lower) and Family Help (Higher) are treated as different levels of service;
“pre-commencement case” means a case—
(a) in which advice, assistance, mediation or representation is provided by the Commission under the Legal Aid Act 19884in accordance with article 5 of the Access to Justice Act 1999 (Commencement No. 3, Transitional Provisions and Savings) Order 20005or article 4 of, and Schedule 2 to, the Access to Justice Act (Commencement No. 7, Transitional Provisions and Savings) Order 20016;
(b) where an application for funding under the Criminal Defence Service is granted before 1st April 2013; or
(c) where there is a pre-commencement application for funding under the Community Legal Service within the meaning of regulation 3;
“provider” means a person who provides or is seeking to provide services as part of the Community Legal Service; and
“Variety of Funded Work” means one of the following—
(a) Certificated Work;
(b) Controlled Work; or
(c) Other Grant or Contract Work,
and “Controlled Work” and “Other Grant or Contract Work” are defined in Part A of Part 2 of the Funding Code (Funding Code: Procedures).
Pre-commencement application for funding under the Community Legal Service
3. A “pre-commencement application for funding under the Community Legal Service” means an application for funding under the Community Legal Service that—
(a) is made before 1st April 2013; or
(b) is a new application for funding under the Community Legal Service described in regulation 5.
4.—(1) For the purpose of regulation 3(a) an application, other than an application made to the CLA Helpline, is made before 1st April 2013—
(a)
(a) if the application is for Controlled Work and the application is signed and dated before 1st April 2013;
(b)
(b) if the application is in paper form for Certificated Work, other than an application for emergency representation, and the application—
(i) is signed and dated before 1st April 2013; and
(ii) is received by the Commission or, after 31st March 2013, by the Director, by 5.00pm on 8th April 2013;
(c)
(c) if the application is in electronic form for Certificated Work and the application is recorded on the Commission’s Client and Cost Management System as having been submitted through that system before 1st April 2013; or
(d)
(d) if the application is for exceptional funding under the 1999 Act and the application—
(i) is signed and dated before 1st April 2013; and
(ii) received by the Commission or, after 31st March 2013, by the Director, by 5.00pm on 8th April 2013.
(2) For the purpose of regulation 3(a) an application that is made to the CLA Helpline is made before 1st April 2013 if—
(a)
(a) the individual makes the application to a CLA Specialist Telephone Adviser before 12.30pm on 30th March 2013; or
(b)
(b) the CLA Operator Service transfers the individual to a CLA Specialist Telephone Adviser before 12.30pm on 30th March 2013 and—
(i) the call is not answered by the CLA Specialist Telephone Adviser before 12.30pm on 30th March 2013;
(ii) the individual leaves a message with the CLA Specialist Telephone Adviser before 12.30pm on 30th March 2013; and
(iii) the individual makes the application to a CLA Specialist Telephone Adviser within two weeks of leaving the message.
(3) For the purpose of regulation 3(a) an application for emergency representation is treated as having been made before 1st April 2013 if—
(a)
(a) the application—
(i) is granted by a provider before 1st April 2013; and
(ii) notified within five working days of the grant to the Commission or, after 31st March 2013, to the Director; or
(b)
(b) the application is faxed to, and received by, the Commission before 1st April 2013.
(4) In this regulation—
(a)
(a) an “application for emergency representation” means an application made under Section 3 of Part C of Part 2 of the Funding Code (Funding Code: Procedures); and
(b)
(b) an “application for exceptional funding under the 1999 Act” means an application under section 6(8)(b) of the 1999 Act made in accordance with paragraphs 15.1 to 15.3 of Part 2 of the Funding Code (Funding Code: Procedures).
5.—(1) An application is a new application for funding referred to in regulation 3(b) if either paragraph (2) or (3) applies.
(2) This paragraph applies where a further application for funding is made after 31st March 2013 and the following conditions are met—
(a)
(a) funded services have been provided as a result of a pre-commencement application for funding under the Community Legal Service (“the original application”);
(b)
(b) the further application for funding relates to the same case for which the funded services were provided as a result of the original application; and
(c)
(c) the further application for funding is—
(i) for a different level of service to that provided as a result of the original application; and
(ii) the different level of service falls within the same Variety of Funded Work as the level of service for which funding was provided as a result of the original application.
(3) This paragraph applies where a further application for funding under the Community Legal Service is made after 31st March 2013 and the following conditions are met—
(a)
(a) funded services that are Certificated Work have been provided as a result of a pre-commencement application for funding under the Community Legal Service (“the original application”);
(b)
(b) the further application for funding relates to the case for which the funded services were provided as a result of the original application; and
(c)
(c) as a result of the further application for funding, it is decided under paragraph 35.1 of Part C of Part 2 of the Funding Code (Funding Code: Procedures) that the certificate should cover more than one set of proceedings.
Saving and transitional provisions
6.—(1) The provisions commenced by article 3(a) and (e) to (i) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 6) Order 20137(“the Commencement No. 6 Order”), with the exception of section 38(1) of the Act (abolition of the Legal Services Commission), do not apply to a pre-commencement case.
(2) Paragraph (1) is subject to paragraphs (4) and (5) and regulations 7 to 13.
(3) Accordingly, the following continue to apply to a pre-commencement case—
(a)
(a) Part 1 of the 1999 Act and the Legal Aid Act 1988 and all orders, regulations, guidance, directions or authorisations made or given under them, in so far as they were in force immediately before 1st April 2013;
(b)
(b) any power or duty to make orders or regulations (including orders in relation to the payment of remuneration for funded services) or to give guidance, directions or authorisations; and
(c)
(c) delegations conferred by the Commission before 1st April 2013 in relation to the powers, duties or other functions of the Commission described in regulation 7(2) and (3).
(4) The repeal on 1st April 2013 of the following provisions of the 1999...
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