The Civil Legal Aid (Merits Criteria) Regulations 2013

Criteria for determinations for full representation in relation to special Children Act 1989 cases and certain cases relating to EU and international agreementsE+W

This section has no associated Explanatory Memorandum

65.—(1) For the purposes of a determination for full representation in relation to a relevant determination, the criteria in—

(a)regulation 39(e) apply (standard criteria for determinations for legal representation); and

(b)regulations 39(a) to (d) and (f) (standard criteria for determinations for legal representation) and 41 to 44 (criteria for determinations for full representation) do not apply.

(2) In this regulation, a relevant determination is—

(a)a determination for full representation in relation to a special Children Act 1989 case; or

(b)a determination for full representation in a case in which the applicant is an individual who, in the State of origin, has benefited from complete or partial legal aid in relation to any matter described in—

(i)paragraph 17(1)(c)(EU and international agreements concerning children) of Part 1 of Schedule 1 to the Act;

(ii)paragraph 18(1)(EU and international agreements concerning maintenance) of that Part;

(iii)paragraph 18(3)(parties who benefited from free legal aid etc. in the Member State of origin) of that Part;

(iv)paragraph 18(3A)(applications under Article 10 of the 2007 Hague Convention) of that Part, to the extent that Article 17(b) of that Convention applies; or

(v)paragraph 18(3B)(applications under Article 17(b) of the 2007 Hague Convention which is applied by virtue of Article 37(2)) of that Part.