The Early Legal Advice Pilot Scheme Order 2022

Citation, commencement and extent

1.—(1) This Order may be cited as the Early Legal Advice Pilot Scheme Order 2022 and comes into force on the day after the date on which it is made.

(2) This Order extends to England and Wales.

Interpretation

2.  In this Order—

“the Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012;

“the pilot period” has the meaning given in article 3(1);

“the pilot scheme” has the meaning given in article 3;

“pilot scheme participant” has the meaning given in article 4(1).

The Early Legal Advice Pilot Scheme

3.—(1) The modifications of enactments made in the Schedule (“ the pilot scheme”) have effect for the period beginning with 1st April 2022 and ending with 31st March 2024 (“the pilot period”).

(2) Notwithstanding paragraph (1), the pilot scheme continues to have effect after the end of the pilot period in relation to—

(a) a pilot scheme participant who was provided, during the pilot period, with less than three hours of advice and assistance in accordance with paragraph 47 of Schedule 1 to the Act;

(b) a person who provided advice and assistance to a pilot scheme participant in accordance with paragraph 47 of Schedule 1 to the Act—

(i) during the pilot period, or

(ii) after the end of the pilot period, in accordance with sub-paragraph (a).

Pilot scheme participants

4.—(1) An individual is a pilot scheme participant if that individual—

(a) lives, or is habitually resident, in the area of Manchester City Council or the area of Middlesbrough Council,

(b) has been selected for participation in the pilot scheme—

(i) by reference to criteria contained in guidance published by the Lord Chancellor, and

(ii) by a person appointed by the Lord Chancellor, and

(c) has been notified by that person that they have been so selected.

(2) For the purposes of paragraph (1)(b), the Lord Chancellor must—

(a) publish guidance, and

(b) appoint a person to select pilot scheme participants.

Signed by authority of the Lord Chancellor

Name

Minister of State

Ministry of Justice

Date