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The Civil Legal Aid (Procedure) Regulations 2012, Section 22 is up to date with all changes known to be in force on or before 14 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.
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22.—(1) An individual applying for Controlled Work must attend the proposed provider's premises in person unless—
(a)the proposed provider decides that attendance in person is not necessary in accordance with the provider's arrangement with the Lord Chancellor under section 2(1) of the Act;
(b)the individual—
(i)resides, or is present, in the [F1United Kingdom];
(ii)cannot attend in person for good reason; and
(iii)authorises another person to attend on their behalf; or
(c)the individual is applying for Controlled Work to be provided by a specialist telephone provider.
(2) A child may make an application for Controlled Work if—
(a)the civil legal services which are the subject of the application are in relation to proceedings or proposed proceedings which the child may conduct without—
(i)a children's guardian or litigation friend in accordance with rule 16.6 of the Family Procedure Rules 2010 M1; or
(ii)a litigation friend in accordance with rule 21.2 of the Civil Procedure Rules 1998 M2; or
(b)there is good reason why none of the persons described in paragraph (3)(a) or (b) can make the application on behalf of the child and the provider considers that child is able, having regard to the child's understanding, to give instructions.
(3) The following persons may make an application for Controlled Work on behalf of a child—
(a)the child's parent, guardian or other person who has care of the child;
(b)a person acting or proposing to act as the child's professional children's guardian or litigation friend; or
(c)any other person where there is good reason why none of the persons described in sub-paragraph (a) or (b) can make the application.
(4) The following persons may make an application for Controlled Work on behalf of a protected party—
(a)a person acting or proposing to act as the protected party's litigation friend; or
(b)any other person where there is good reason why a litigation friend or proposed litigation friend cannot make the application.
(5) The proposed provider may not make an application for Controlled Work on behalf of a child or protected party.
Textual Amendments
F1Words in reg. 22(1)(b)(i) substituted (31.12.2020) by The Civil Legal Aid (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/505), regs. 1(1), 4(2) (with regs. 8, 9) (as amended by S.I. 2020/1493, regs. 1(1), 7(2)-(4)): 2020 c. 1, Sch. 5 para. 1(1)
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