Explanatory Note
(This note is not part of the Regulations)
The Civil Legal Aid (Merits Criteria) Regulations 2013 (“the Regulations”) make provision for the criteria which the Director of Legal Aid Casework must apply when determining whether an individual or legal person qualifies for civil legal services under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)(“the Act”).
Regulation 3 enables functions of the Director under these Regulations to be exercisable by, or by employees of, a person authorised by the Director. Section 6 of the Act (authorisations) makes provision for authorisations.
Provision is made for how the prospects of success of a case are to be assessed (regulations 4 and 5) and when a case is of significant wider public interest (regulation 6). Regulation 7 sets out the reasonable private paying individual test. Regulation 8 sets out the proportionality test. Regulation 11 sets out how these Regulations apply to an application for civil legal services.
Part 2 of the Regulations makes provision for the forms of civil legal services to which different merits tests apply. Regulations 13 to 19 define the different forms of civil legal services.
Part 3 makes provision in relation to which form of civil legal services is appropriate in certain cases. If an individual qualifies for more than one form of civil legal services the Director must decide which form of civil legal services is most appropriate in all the circumstances of the case. Regulations 20 to 31 make provision in relation to the appropriate form of civil legal services in different types of case.
Part 4 of the Regulations makes provision for the general merits criteria, which apply in the absence of provision to the contrary in Part 6 (specific merits criteria).
Part 5 of the Regulations makes provision for the application of the merits criteria in cases which are described in more than one paragraph of Part 1 of Schedule 1 to the Act (regulation 47) and in cases in relation to which civil legal services are available under section 10 of the Act (regulations 48 to 50).
Part 6 of the Regulations makes provision for the specific merits criteria, which apply to certain cases which fall with the description of specified paragraphs of Part 1 of Schedule 1 to the Act and for the criteria which apply in relation to applications by legal persons for civil legal services.