The Civil Legal Aid (Merits Criteria) Regulations 2013

Criteria for determinations for full representation in relation to mental capacity proceedings

52.—(1) For the purposes of a relevant determination the criteria in—

(a) regulation 39 (standard criteria for determinations for legal representation) and regulations 41(a) and (b), 42 and 43 (criteria for determinations for full representation) apply;

(b) regulations 41(c) and 44 (multi-party action damages criterion) do not apply; and

(c) paragraph (2) apply.

(2) The Director must be satisfied that—

(a) the Court of Protection has ordered, or is likely to order, an oral hearing; and

(b) it is necessary for the individual to be provided with full representation in the proceedings.

(3) In this regulation, a relevant determination is a determination for full representation in relation to any matter described in paragraph 5(1)(c) of Part 1 of Schedule 1 to the Act (mental capacity) in proceedings before the Court of Protection to the extent that they relate to—

(a) a person’s right to life;

(b) a person’s liberty or physical safety;

(c) a person’s medical treatment (within the meaning of the Mental Health Act 1983(1));

(d) a person’s capacity to marry, to enter into a civil partnership or to enter into sexual relations; or

(e) a person’s right to family life.

(1)

1983 c.20.