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The Community Legal Service (Financial) (Amendment No. 2) Regulations 2009
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Statutory Instruments
2009 No. 1894
Legal Services Commission, England And Wales
The Community Legal Service (Financial) (Amendment No. 2) Regulations 2009
Made
15th July 2009
Laid before Parliament
16th July 2009
Coming into force
6th August 2009
The Lord Chancellor, in exercise of the powers conferred by sections 7, 10 and 26 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 2009 and come into force on 6 August 2009.
Amendments to the Community Legal Service (Financial) Regulations 2000
2. The Community Legal Service (Financial) Regulations 2000(2) are amended as follows.
3. In regulation 4(2), after “client is” insert “properly”.
4. In regulation 15(1A)(b), for “is no longer directly or indirectly in receipt of a benefit” substitute “is not, or is no longer, properly in receipt, directly or indirectly, of a benefit”.
Signed by authority of the Lord Chancellor
Bach
Parliamentary Under Secretary of State
Ministry of Justice
15th July 2009
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Community Legal Service (Financial) Regulations 2000, which govern the financial aspects of the provision of services funded by the Legal Services Commission in civil and family matters. A person who receives specified benefits is entitled to funded services. The Regulations make it clear that in assessing whether such a person is, or is any longer, financially eligible for particular services, the Legal Services Commission must be satisfied that the person is not only in receipt of the benefits but also entitled to them.
An impact assessment has not been prepared for this instrument as no impact on businesses, charities or the voluntary sector is foreseen.
(1)
1999 c. 22. Section 26 defines “regulations” as regulations made by the Lord Chancellor. The reference to the Lord Chancellor was changed to the Secretary of State for Constitutional Affairs by S.I. 2003/1887 and changed back to the Lord Chancellor by S.I. 2005/3429.
(2)
S.I. 2000/516. Relevant amending instruments are S.I.2005/589, 2008/658 and 2008/1879.
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