The Community Legal Service (Asylum and Immigration Appeals) Regulations 2005

Interpretation

3.—(1) In these Regulations—

“the 1999 Act” means the Access to Justice Act 1999(1);

“the 2002 Act” means the Nationality, Immigration and Asylum Act 2002;

“the 2004 Act” means the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004(2);

“business day” means any day other than a Saturday or Sunday, a bank holiday, Christmas Day, 27th to 31st December or Good Friday;

“Commission” means the Legal Services Commission established under section 1 of the 1999 Act;

“contract” means a contract between the Commission and a supplier under section 6(3)(a) of the 1999 Act;

“counsel” means a barrister in independent practice;

“fast track proceedings” means any immigration review proceedings in relation to which, pursuant to an order under section 26(8) of the 2004 Act, the time period for making an application under section 103A(1) of the 2002 Act(3) is a period of less than 5 days;

“Funding Code” means the code approved under section 9 of the 1999 Act;

“immigration review proceedings” means—

(i)

applications to the High Court under section 103A of the 2002 Act (including applications which are considered by a member of the Tribunal pursuant to paragraph 30 of Schedule 2 to the 2004 Act); and

(ii)

proceedings for the reconsideration of an appeal by the Tribunal pursuant to an order under section 103A of the 2002 Act;

“Legal Representation” has the meaning given in the Funding Code;

“section 103D order” means an order under section 103D(1) or 103D(3) of the 2002 Act;

“supplier” means a solicitor or other person who is an authorised litigator within the meaning of section 119(1) of the Courts and Legal Services Act 1990(4), having a contract for the provision of services including Legal Representation in immigration review proceedings;

“Tribunal” means the Asylum and Immigration Tribunal.

(2) References to a section by number alone refer to the section so numbered in the 2002 Act.

(1)

1999 c. 22.

(2)

2004 c. 19.

(3)

2002 c. 41. Section 103A was inserted by section 26 of the 2004 Act.

(4)

1990 c. 41.