Criteria for determinations for full representation in relation to court orders for possessionE+W
61.—(1) For the purposes of a determination for full representation in relation to any matter described in paragraph 33(1)(a) of Part 1 of Schedule 1 to the Act (court orders for sale or possession of the individual's home), to the extent that it relates to court orders for possession of the individual's home, the criteria in—
(a)regulation 39 (standard criteria for determinations for legal representation) [F1and regulation 43 (prospects of success criterion for determinations for full representation)] apply;
(b)regulations [F241, 42 and 44] (criteria for determinations for full representation) do not apply; and
(c)paragraph (2) apply.
(2) The Director must be satisfied that the following criteria are met—
(a)if the individual is the defendant to a claim for possession, the individual has a defence to the claim; [F3and]
F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)the proportionality test is met.
Textual Amendments
F1Words in reg. 61(1)(a) inserted (27.1.2014) by The Civil Legal Aid (Merits Criteria) (Amendment) Regulations 2014 (S.I. 2014/131), regs. 1(1), 2(7)(a) (with reg. 3)
F2Words in reg. 61(1)(b) substituted (27.1.2014) by The Civil Legal Aid (Merits Criteria) (Amendment) Regulations 2014 (S.I. 2014/131), regs. 1(1), 2(7)(b) (with reg. 3)
F3Word in reg. 61(2)(a) inserted (27.1.2014) by The Civil Legal Aid (Merits Criteria) (Amendment) Regulations 2014 (S.I. 2014/131), regs. 1(1), 2(7)(c) (with reg. 3)
F4Reg. 61(2)(b) omitted (27.1.2014) by virtue of The Civil Legal Aid (Merits Criteria) (Amendment) Regulations 2014 (S.I. 2014/131), regs. 1(1), 2(7)(d) (with reg. 3)