- Latest available (Revised)
- Original (As made)
The Civil Legal Aid (Procedure) Regulations 2012, Section 35 is up to date with all changes known to be in force on or before 18 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
35.—(1) A determination that an individual qualifies for Licensed Work must specify—
(a)the maximum costs which may be incurred in providing the services to which the determination relates [F1(“the services”)]; and
(b)any other limitations and conditions to which the determination is subject.
(2) Where a limitation is exceeded or a condition is breached, the Director may—
(a)withdraw the determination; or
(b)amend the relevant limitation or condition.
[F2(3) If the requirements in paragraph (4) are met, the Director may specify that a determination has effect from a date earlier than the date of the determination.
(4) The requirements are that—
(a)the application for the services was made as soon as reasonably practicable;
(b)the Director is satisfied that—
(i)it was in the interests of justice for the services to be carried out prior to the date of the determination; and
(ii)the services could not have been carried out as Controlled Work; and
(c)in the case of reconsidering a determination on review or following an appeal, having regard to all the circumstances, including the information that was available to the provider when the application for the services or the application for the review was made, the Director is satisfied that it is appropriate for the determination to have effect from the earlier date.
(5) In paragraphs (3) and (4), “determination” includes a limitation or condition.]
Textual Amendments
F1Words in reg. 35(1)(a) inserted (20.2.2019) by The Civil Legal Aid (Procedure) (Amendment) Regulations 2019 (S.I. 2019/130), regs. 1(1), 2(2)(a) (with reg. 3)
F2Reg. 35(3)-(5) inserted (20.2.2019) by The Civil Legal Aid (Procedure) (Amendment) Regulations 2019 (S.I. 2019/130), regs. 1(1), 2(2)(b) (with reg. 3)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: