The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2021

Amendments to the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013

2.—(1) The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013(1) are amended as follows.

(2) In regulation 5 (exceptions from requirement to make a determination in respect of an individual’s financial resources)—

(a) in paragraph (1)—

(i) at the end of sub-paragraph (ka), omit “and”;

(ii) after sub-paragraph (l), insert—

“(m) other legal services(2) at an inquest under the Coroners and Justice Act 2009(3) into the death of a member of the family of the individual who has made an application where the Director has made a relevant determination; and

(n) legal help(4)at an inquest under the Coroners and Justice Act 2009 to the extent that the individual to whom the legal help may be provided is an individual to whom sub-paragraph (m) applies.”;

(b) in paragraph (2)—

(i) after the definition of “mediator” insert—

““relevant determination” means—

(a)

an exceptional case determination as described in section 10(3) of the Act to the extent that it relates to an inquest; or

(b)

a wider public interest determination as described in section 10(5) of the Act.”;

(c) after paragraph (2) insert—

“(3) For the purpose of paragraph (1)(m), an individual is a member of another individual’s family if their relationship is as described in section 10(6) of the Act.”.

(3) In regulation 10 (waiver of eligibility limits and contributions in inquests)—

(a) at the end of paragraph (1), after the words “of the application” add “except where regulation 5(1)(n) applies”;

(b) omit paragraph (2);

(c) in paragraph (3), after “paragraph (1)”, omit “and” (2);

(d) in paragraph (4)—

(i) at the end of the definition of “Human Rights Convention”, omit “; and”;

(ii) omit the definition of “relevant determination”.

(4) In regulation 44 (contributions)—

(a) omit paragraph (2)(a)(iii);

(b) omit paragraph (3)(a)(iii).

(1)

S.I. 2013/480; relevant amending instruments are S.I. 2013/512, 2013/753, 2014/812, and 2014/2701.

(2)

The term “other legal services” is defined in regulation 2(4) of the Civil Legal Aid (Financial Resources and Payment for Services) Regulations (S.I. 2013/480), and further defined in regulation 19 of the Civil Legal Aid (Merits) Regulations 2013 (S.I. 2013/104).

(3)

2009 c. 25.

(4)

The term “legal help” is defined in regulation 2(4) of the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 (S.I. 2013/480), and further defined in regulation 13 of the Civil Legal Aid (Merits) Regulations 2013 (S.I. 2013/104).