PART 4Licensed Work

Authorised representation39.

(1)

Where the Director has authorised a provider to make a determination under section 9 of the Act that an individual qualifies for legal representation that is Licensed Work (“authorised representation”), the provider must, within 5 business days of making a determination, notify the Director in a form specified by the Lord Chancellor.

(2)

The Director may remove or amend any limitation or condition to which a determination about authorised representation is subject or impose a new limitation or condition on such a determination.

(3)

The following functions of the Director may not be delegated to the provider—

(a)

issuing a certificate recording the determination in relation to authorised representation;

(b)

amending a limitation or condition to which the determination is subject (unless the determination relates to emergency representation);

(c)

the withdrawal of the determination; and

(d)

conducting a review in relation to authorised representation under regulation 44.

(4)

Where, following a review in relation to authorised representation under regulation 44, the Director makes a determination that an individual qualifies for the legal representation which was the subject of the application, the individual may choose a different authorised provider from the provider named on the original application.