The Community Legal Service (Funding) (Amendment) Order 2005

Citation, commencement and interpretation

3.  In article 5–

(a) in paragraph (4A)(a), for the words from “Immigration Appeal Tribunal” to “2002”, substitute “Asylum and Immigration Tribunal”.

(b) for paragraph (4B) substitute–

“(4B) Paragraph (4A) shall not apply in relation to Legal Representation before the Asylum and Immigration Tribunal–

(a) where the assessing authority considers that a case either–

(i) raises an exceptionally novel or complex point of law; or

(ii) has significant potential to produce real benefits for individuals other than the client (other than benefits to the public at large which normally flow from proceedings of the type in question);

(b) on an application under section 103A of the Nationality, Immigration and Asylum Act 2002(1) which is considered by a member of the Tribunal pursuant to paragraph 30 of Schedule 2 to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004(2); or

(c) in proceedings for the reconsideration of an appeal pursuant to an order under section 103A.”;

(c) in paragraph (7)–

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

(ii) after sub-paragraph (c) insert–

“; or

(d) the High Court on an application under section 103A of the Nationality, Immigration and Asylum Act 2002”.

(1)

2002 c. 41. Section 103A is inserted by section 26 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004.

(2)

2004 c. 19.