The Civil Legal Aid (Procedure) Regulations 2012

PART 2 E+W Gateway Work

General E+W

16.—(1) This Part makes provision about the making and withdrawal of determinations under section 9 of the Act about Gateway Work.

(2) Except as specifically provided in this Part, Part 3 (Controlled Work) applies to Gateway Work.

(3) Regulations 22(1) and 23(1)(d) do not apply to Gateway Work.

Applicants E+W

17.—(1) An individual, other than an exempted person, must apply to the Gateway (established by the Lord Chancellor under section 2 of the Act) for a determination by the Director about Gateway Work.

(2) An exempted person may apply for a determination by the Director about Gateway Work to—

(a) the Gateway; or

(b) a face-to-face provider.

The application E+W

18.  An application to the Gateway may be made by—

(a) telephone;

(b) email;

(c) electronic format made available by the Lord Chancellor for the purpose of such applications; or

(d) post.

Determinations E+W

19.—(1) Where a determination is made that an individual qualifies for Gateway Work, the determination must specify whether the services are to be provided by—

(a) a specialist telephone provider; or

(b) a face-to-face provider.

(2) A determination described in paragraph (1) may be amended to change the description of the provider specified in the determination.

Interpretation E+W

20.  In this Part—

“debt matter” means—

(a)

a matter described in paragraph 33(1)(a) of Part 1 of Schedule 1 to the Act that relates to a court order for sale of the individual's home;

(b)

a matter described in paragraph 33(1)(a) of Part 1 of Schedule 1 to the Act that relates to a court order for possession of the individual's home arising out of a failure to make payments due under a mortgage; or

(c)

a matter described in paragraph 33(2) of Part 1 of Schedule 1 to the Act;

“exempted person” means an individual who—

(a)

has been deprived of their liberty;

(b)

is a child; or

(c)

is a previously assessed person with a linked problem;

“Gateway discrimination matter” means a matter described in paragraph 43 of Part 1 of Schedule 1 to the Act, except where the matter to which the alleged contravention of the Equality Act 2010 M1 or previous discrimination enactment relates is a matter described in a relevant category;

“Gateway Work” means the provision of legal help by a specialist telephone provider or a face-to-face provider in—

(a)

a matter described in paragraph 2 of Part 1 of Schedule 1 to the Act;

(b)

a debt matter; or

(c)

a Gateway discrimination matter;

“linked problem” means a matter arising out of or related to a matter in relation to which Gateway Work was provided by a face-to-face provider;

“previously assessed person” means an individual—

(a)

in respect of whom a determination has been made within the previous twelve months that the individual qualifies for Gateway Work to be provided by a face-to-face provider; and

(b)

who is applying for Gateway Work from the same face-to-face provider in relation to a linked problem; and

“relevant category” means any of the following categories in the Category Definitions that form part of the 2010 Standard Civil Contract [F1 , 2013 Standard Civil Contract [F2 , 2014 Standard Civil Contract or 2015 Standard Civil Contract]]: Actions Against the Police; Clinical Negligence; Community Care; Family; Housing; Immigration and Asylum; Mental Health; Public Law; or Welfare Benefits.

Textual Amendments

F1 Words in reg. 20 substituted (1.8.2014) by The Civil Legal Aid (Procedure, Remuneration and Statutory Charge) (Amendment) Regulations 2014 (S.I. 2014/1824), regs. 1, 2(3)(a)

F2 Words in reg. 20 substituted (1.11.2015) by The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(b), 2(3)(a)

Marginal Citations

M1 2010 c. 15.