The Community Legal Service (Financial) (Amendment No. 2) Regulations 2001

Statutory Instruments

2001 No. 2997

LEGAL SERVICES COMMISSION, ENGLAND AND WALES

The Community Legal Service (Financial) (Amendment No. 2) Regulations 2001

Made

31st August 2001

Laid before Parliament

4th September 2001

Coming into force

1st October 2001

The Lord Chancellor, in exercise of the powers conferred on him by sections 7 and 10 of the Access to Justice Act 1999(1), makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Community Legal Service (Financial) (Amendment No. 2) Regulations 2001 and shall come into force on 1st October 2001.

Interpretation

2.  In these Regulations, a regulation referred to by number alone means the regulation so numbered in the Community Legal Service (Financial) Regulations 2000(2).

Transitional provisions

3.  These Regulations shall apply to applications for funded services made on or after 1st October 2001 and applications made before that date shall be treated as if these Regulations had not been made.

Amendments to the Community Legal Service (Financial) Regulations 2000

4.—(1) In regulation 3(1)(b):

(a) “initial” shall be deleted; and

(b) after “Legal Help” there shall be inserted:

• “, and Help at Court”.

(2) After regulation 3(1)(g) there shall be inserted:

“(h) such services as are funded through grants under section 6(3)(c) of the Act except where the terms of the grant provide otherwise.”.

5.  In regulation 5(6), after “Support Funding” there shall be inserted:

• “, and for such other services as are required or authorised by the Lord Chancellor to be funded under section 6(8) of the Act,”.

6.—(1) In regulation 11(4)(a), after “has been” there shall be inserted:

• “or is likely to be”.

(2) In regulation 11(4)(b), after “have been” there shall be inserted:

• “or are likely to be”.

(3) At the end of regulation 11(4), there shall be inserted:

• “, and may assess or estimate the value of those resources as well as it is able.”.

7.  In regulation 13, after the words in brackets there shall be inserted:

• “of which he is, or should reasonably be, aware,”.

Signed by authority of the Lord Chancellor

Rosie Winterton

Parliamentary Secretary,

Lord Chancellor’s Department

31st August 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Community Legal Service (Financial) Regulations 2000 so as to extend the areas in which funded services are available irrespective of the financial resources of the client, and make various further minor changes regarding financial eligibility.

(1)

1999 c. 22.

(2)

S.I. 2000/516, as amended by S.I. 2001/950.