- Latest available (Revised)
- Point in Time (01/11/2015)
- Original (As made)
Version Superseded: 08/01/2018
Point in time view as at 01/11/2015.
The Civil Legal Aid (Procedure) Regulations 2012 is up to date with all changes known to be in force on or before 15 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(This note is not part of the Regulations)
The Civil Legal Aid (Procedure) Regulations 2012 (“the Regulations”) make provision about the making and withdrawal of determinations that an individual qualifies for civil legal services under sections 9 and 10 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)(“the Act”).
Part 1 defines expressions used in the Regulations (including the different forms of civil legal services which are available) and makes general provision. Regulation 11 makes provision about notification. Regulation 12 enables the functions of the Lord Chancellor and the Director of Legal Aid Casework (“the Director”) in the Regulations to be exercised by persons authorised by the Lord Chancellor or the Director respectively. Regulation 13 describes the circumstances in which the Director may disregard determinations. Regulation 14 excludes the Housing Possession Court Duty Scheme from the procedures set out in the Regulations. Regulation 15 makes provision about the making and withdrawal of determinations about legal persons (such as companies) under paragraph 3 of Schedule 3 to the Act.
Part 2 sets out the procedure for applications for a particular category of civil legal services which must be made to the Gateway. The services will be provided by specialist telephone providers as well as, in certain circumstances, face-to-face providers.
Part 3 sets out the procedure for making and withdrawing determinations about Controlled Work. Such determinations are formally made by the Director under the Regulations but that function may be delegated (following authorisation by the Director under section 5 of the Act).
Part 4 sets out the procedure for making and withdrawing determinations about Licensed Work (including requirements about the evidence to be provided with applications for particular services). Such determinations are formally made by the Director under the Regulations but that function may be delegated (following authorisation by the Director under section 5 of the Act). Part 4 provides for determinations to be made subject to conditions and limitations and to be recorded by a certificate. Part 4 also includes provision for the review of, and for appeals against, determinations and the amendment and withdrawal of determinations.
Part 5 sets out the procedure for making and withdrawing determinations about emergency representation (civil legal services provided on an urgent basis).
Part 6 sets out the procedure for making and withdrawing determinations about Special Case Work which includes high costs cases; multi-party actions; appeals to the Supreme Court; cases of significant wider public interest; cases which involve a breach of Convention rights; cases in which it is necessary for the effective administration of justice for particular providers to provide the services which are the subject of the application; and community actions.
Part 7 sets out the procedure for making and withdrawing determinations under section 9 of the Act about whether an individual qualifies for family mediation.
Part 8 sets out the procedure for making and withdrawing determinations under section 10 (exceptional cases) of the Act in relation to civil legal services which are not described in Part 1 of Schedule 1 to the Act.
An impact assessment relating to the requirement (in regulations 33 and 34) to provide evidence with an application is annexed to the Explanatory Memorandum which is available alongside these Regulations at www.legislation.gov.uk. The impact assessment is also available from the Ministry of Justice at 102 Petty France, London, SW1H 9AJ.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: