The Civil Legal Aid (Procedure) (Amendment) Regulations 2020

Transitional provision

10.—(1) The amendments made by regulation 8 do not apply to an application for civil legal services that is made before the coming into force date.

(2) For the purposes of this regulation, an application is to be treated as being made before the coming into force date if the application is—

(a) for Controlled Work and the application is signed and dated before the coming into force date;

(b) for Licensed Work, other than an application for emergency representation, and the application is—

(i) signed and dated before the coming into force date and received by the Director by 5.00 pm on the seventh day after the coming into force date, or

(ii) submitted through the Client and Cost Management System before the coming into force date;

(c) for emergency representation and the application–—

(i) results in a determination being made by a provider before the coming into force date and that determination is notified to the Director within five working days of the determination,

(ii) is emailed or faxed to, and received by, the Director before the coming into force date, or

(iii) is submitted through the Client and Cost Management System before the coming into force date.

(3) In regulations 9 and 10 –

“Client and Cost Management System” means the client and cost management system used by the Director in relation to applications for civil legal services;

“coming into force date” means the date specified by regulation 1;

“Controlled Work” has the meaning given in regulation 21(2) of the Procedure Regulations;

“emergency representation” has the meaning given in regulation 2 of the Procedure Regulations;

“Licenced Work” has the meaning given in regulation 29(2) of the Procedure Regulations;

“provider” means a person who provides civil legal services under Part 1 (legal aid) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012;

“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales for the purposes of paragraph 1 of Schedule 1 to the Banking and Financial Dealings Act 1971.

“2013 Civil Legal Advice Contract” and “2018 Civil Legal Advice Contract” mean the contracts so named between the Lord Chancellor and a provider for the provision of civil legal services(1).

(1)

The 2013 and 2018 Civil Legal Advice Contract and their Specifications are available at https://www.gov.uk/topic/legal-aid-for-providers/contracts. Copies can be inspected at The Legal Aid Agency (Head Office) at 102 Petty France, London, SW1H 9AJ.