PART 5 E+WEmergency Representation

GeneralE+W

50.—(1) This Part makes provision about the making and withdrawal of determinations under section 9 of the Act about emergency representation.

(2) Except as specifically provided in this Part, determinations about emergency representation must be made and withdrawn in accordance with the provisions of these Regulations which would have applied had the application not been made on an urgent basis.

(3) Regulation 42(3) does not apply in relation to emergency representation.

The applicationE+W

51.—(1) An individual may make an application for emergency representation by such method (including by fax, telephone or e-mail) as the Director has agreed to accept given the urgency of the particular circumstances.

(2) The application must specify whether the emergency representation is to be provided as Licensed Work or under an individual case contract.

DeterminationsE+W

52.—(1) A determination that an individual qualifies for emergency representation—

(a)must be made subject to a specified time limit; and

(b)may be made on the basis of limited information and documents if the Director considers that it would be in the interests of justice to do so.

(2) A determination made on the basis of limited information and documents—

(a)must be made conditional upon the provision, within a specified time limit, of the information and documents which would have been required had the application not been made on an urgent basis;

(b)may be disregarded if the condition is not satisfied within the specified time limit; and

(c)must be revoked where, following the provision of further information and documents, the Director determines that the individual does not qualify for legal representation or family help (higher) in accordance with section 21 of the Act and regulations made under that section.

(3) Where, following the provision of further information and documents—

(a)the Director determines that the individual qualifies for legal representation subject to a condition requiring the payment of a contribution in accordance with regulation 36; and

(b)the individual does not agree to pay, or arrange payment of, the contribution described in sub-paragraph (a),

the determination in relation to emergency representation may be revoked or withdrawn.

AppealE+W

53.—(1) An individual may not appeal—

(a)against a determination that the individual does not qualify for emergency representation made on the basis of limited information and documents; or

(b)the withdrawal of a determination about emergency representation on the basis only of the expiry of a time limit.