The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid for Separated Children) (Miscellaneous Amendments) Order 2019
| Jurisdiction | UK Non-devolved |
| Citation | SI 2019/1396 |
| Year | 2019 |
2019 No. 1396
Legal Aid And Advice, England And Wales
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid for Separated Children) (Miscellaneous Amendments) Order 2019
Made 24th October 2019
Coming into force in accordance with article 1
The Lord Chancellor makes this Order in exercise of the powers conferred by sections 9(2) and 41(1)(a), (2)(b) and (3)(c) of the Legal Aid, Sentencing and Punishment of Offenders Act 20121.
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.
Citation and commencement
1. This Order may be cited as the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid for Separated Children) (Miscellaneous Amendments) Order 2019 and comes into force on the day after the day on which it is made.
Amendment of the Legal Aid, Sentencing and Punishment of Offenders Act 2012
2.—(1) Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services) is amended as follows.
(2) In Part 1 (services), after paragraph 31 insert—
“Immigration, citizenship and nationality: separated children
31A.—(1) Civil legal services provided in relation to a relevant application where the services are provided to an individual who, at the time of applying for those services, is a separated child.
(2) A relevant application is—
(a)
(a) an application made by the separated child or another person under the immigration rules for the grant of entry clearance, leave to enter or leave to remain in the United Kingdom (whether under or outside of the immigration rules),
(b)
(b) an application made by the separated child outside of the immigration rules for the grant of leave to remain in the United Kingdom, or
(c)
(c) an application made by the separated child for registration under the British Nationality Act 19812as—
(i) a British citizen,
(ii) a British overseas territories citizen,
(iii) a British Overseas citizen, or
(iv) a British subject.
(3) Exclusions
Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.
(4) Definitions
In this paragraph—
“child” means an individual—
(a) who is under the age of 18, or
(b) whose age is uncertain, but who is treated by the Director as being under the age of 18;
“entry clearance” has the same meaning as in the Immigration Act 19713;
“immigration rules” has the same meaning as in the Immigration Act 1971;
“leave to enter” and “leave to remain” are to be construed in accordance with the Immigration Act 1971;
“separated”, in relation to a child, means—
(a) not being cared for by a parent,
(b) not being cared for by a person with parental responsibility for the child (within the meaning of section 3 of the Children Act 19894), or
(c) looked after by a local authority (within the meaning of section 107(6))5.”.
(3) In Part 3 (advocacy: exclusion and exceptions), in paragraph 13, after “29,” insert “31A,”6.
Amendment of the Civil Legal Aid (Procedure) Regulations 2012
3.—(1) The Civil Legal Aid (Procedure) Regulations 20127are amended as follows.
(2) In regulation 9 (legal representation), after paragraph (2)(a) insert—
“(aa)
“(aa) is a separated child within the meaning given in paragraph 31A of Part 1 of Schedule 1 to the Act and those proceedings concern a relevant application falling within paragraph 31A(2)(a) of Part 1 of Schedule 1 to the Act;”.
(3) In regulation 30 (licensed work: applicants), after paragraph (1)(a) insert—
“(aa)
“(aa) a separated child within the meaning given in paragraph 31A of Part 1 of Schedule 1 to the Act and the proceedings concern a relevant application falling within paragraph 31A(2)(a) of Part 1 of Schedule 1 to the Act;”.
Amendment of the Civil Legal Aid (Merits Criteria) Regulations 2013
4.—(1) The Civil Legal Aid (Merits Criteria) Regulations 20138are amended as follows.
(2) In regulation 18 (legal representation), after paragraph (2)(a) insert—
“(aa)
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