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The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013, Section 5 is up to date with all changes known to be in force on or before 04 November 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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5.—(1) The following forms of civil legal services [F1are available] without a determination in respect of an individual's financial resources—
(a)such legal help and help at court as is authorised, under the provider's arrangement with the Lord Chancellor under section 2(1) (arrangements) of the Act, to be provided without a determination in respect of an individual's financial resources;
(b)such forms of civil legal services as are provided through grants under section 2(2) (arrangements) of the Act where the terms of the grant provide that the services are available without a determination in respect of an individual's financial resources;
(c)legal representation in a special Children Act 1989 case;
(d)legal representation in proceedings related to any proceedings in sub-paragraph (c) to the extent that the individual to whom the legal representation may be provided is an individual to whom legal representation is being provided under sub-paragraph (c) and—
(i)the proceedings are being heard together with those proceedings referred to in sub-paragraph (c); or
(ii)an order is being sought in the proceedings as an alternative to an order in the proceedings referred to in sub-paragraph (c);
(e)family help (lower) in any matter described in paragraph 1(1)(b) (care, supervision and protection of children) of Part 1 of Schedule 1 to the Act to the extent that the matter concerns contemplated proceedings under section 31 (care and supervision orders) of the Children Act 1989 M1 and the individual to whom the family help (lower) may be provided is—
(i)the parent of a child, or the person with parental responsibility for a child within the meaning of the Children Act 1989 in respect of whom a local authority has given notice of contemplated proceedings under section 31 of that Act; or
(ii)in the case of an unborn child in respect of whom a local authority has given notice of contemplated proceedings under section 31 of the Children Act 1989, the person who, following the birth of the child—
(aa)will be the parent of the child; and
(bb)will have parental responsibility for the child within the meaning of the Children Act 1989;
(f)legal help in contemplated proceedings or legal representation in proceedings or contemplated proceedings in relation to any matter described in paragraph 5(1)(a) or (b) (mental health and repatriation of prisoners) of Part 1 of Schedule 1 to the Act to the extent that the individual's case or application to the relevant tribunal under the Mental Health Act 1983 M2 or paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 1984 M3 is, or is to be, the subject of proceedings before the relevant tribunal;
(g)legal representation in relation to a matter described in paragraph 5(1)(c) (mental capacity) of Part 1 of Schedule 1 to the Act to the extent that—
(i)the legal representation is in proceedings in the Court of Protection under section 21A of the Mental Capacity Act 2005 M4; and
(ii)the individual to whom legal representation may be provided is—
(aa)the individual in respect of whom an authorisation is in force under paragraph 2 of Schedule A1 to the Mental Capacity Act 2005; or
(bb)a representative of that individual appointed as such in accordance with Part 10 of that Schedule;
[F2(ga)such family mediation as is a Mediation Information and Assessment meeting for an individual (“A”) in relation to any matter described in paragraph 14(1) (mediation in family disputes) of Part 1 of Schedule 1 to the Act if—
(i)A is a party to the Mediation Information and Assessment meeting; and
(ii)the Director has made a determination that the financial resources of another individual who is a party to that meeting (“B”) are such that B is eligible, for that meeting, for such family mediation as is a Mediation Information and Assessment meeting;]
[F3(gb)such family mediation as is the relevant mediation session for an individual (“A”) in relation to any matter described in paragraph 14(1) (mediation in family disputes) of Part 1 of Schedule 1 to the Act if—
(i)A is a party to the relevant mediation session; and
(ii)the Director has made a determination that the financial resources of another individual who is a party to that session (“B”) are such that B is eligible, for that session, for such family mediation as is a relevant mediation session;]
(h)legal representation in relation to any matter described in paragraph 17(1)(a) and (b) ([F4Transitional EU arrangements] and international agreements concerning children) of Part 1 of Schedule 1 to the Act, to the extent that the matter relates to an applicant under the 1980 European Convention on Child Custody M5 or 1980 Hague Convention M6;
[F5(ha)family mediation in relation to any matter described in paragraph 17(1)(b) ([F6Transitional EU arrangements] and international agreements concerning children) of Part 1 of Schedule 1 to the Act to the extent that the matter relates to an applicant under the 1980 Hague Convention;]
(i)legal 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, or exemption from costs or expenses, in relation to any matter described in—
(i)paragraph 17(1)(c) ([F7Transitional EU arrangements] and international agreements concerning children) of Part 1 of Schedule 1 to the Act; or
(ii)paragraph 18(1) ([F8Transitional EU arrangements ] and international agreements concerning maintenance) of Part 1 of Schedule 1 to the Act;
(j)family help (higher) or legal representation in relation to any matter described in paragraph 18(3) (parties who benefited from free legal aid etc. in the Member State of origin) of Part 1 of Schedule 1 to the Act;
[F9(ja)family help (higher) or legal representation in relation to any matter described in—
(i)paragraph 18(3A) (applications under Article 10 of the 2007 Hague Convention) of Part 1 of Schedule 1 to the Act, where Article 17(b) of the 2007 Hague Convention applies; or
(ii)paragraph 18(3B) (proceedings to which Article 17(b) of the 2007 Hague Convention is applied) of Part 1 of Schedule 1 to the Act;]
(k)legal help, family help (lower), family help (higher) and legal representation in relation to any matter described in paragraph 18(2) ([F10Transitional EU arrangements] and international agreements concerning maintenance) of Part 1 of Schedule 1 to the Act, to the extent that the matter—
(i)relates to any application under Article 56(1) of the EU Maintenance Regulation M7; and
(ii)is an application made by a creditor concerning maintenance obligations arising from a parent-child relationship towards a person under the age of 21; F11...
[F12(ka)legal help, family help (lower), family help (higher) and legal representation in relation to any matter described in paragraph 18(3A) (applications under Article 10 of the 2007 Hague Convention) of Part 1 of Schedule 1 to the Act where the matter is an application made by a creditor under the 2007 Hague Convention concerning maintenance obligations arising from a parent-child relationship towards a person under the age of 21; F13...]
(l)civil legal services in relation to a matter described in paragraph 45(1) (terrorism prevention and investigation measures etc) of Part 1 of Schedule 1 to the Act to the extent that the services consist of—
(i)legal help or legal representation for an individual who is the subject of an application for permission under section 6 of the Terrorism Prevention and Investigation Measures Act 2011 M8, in respect of such an application;
(ii)legal help for advice in connection with a TPIM notice M9 for an individual who is subject to that notice;
(iii)legal help for an individual who is subject to a TPIM notice, in respect of an application—
(aa)to vary measures specified in that notice under section 12(2) of the Terrorism Prevention and Investigation Measures Act 2011;
(bb)for revocation of that notice in accordance with section 13(3) of the Terrorism Prevention and Investigation Measures Act 2011;
(cc)for permission under Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011; or
(iv)legal representation in respect of TPIM proceedings for an individual who is subject to a TPIM notice.
[F14(m)other legal services at an inquest under the Coroners and Justice Act 2009 into the death of a member of the family of the individual who has made an application where the Director has made a relevant determination; F15...
(n)legal helpat an inquest under the Coroners and Justice Act 2009 to the extent that the individual to whom the legal help may be provided is an individual to whom sub-paragraph (m) applies.]
[F16(o)legal help in a matter described in paragraph 2 of Part 1 of Schedule 1 to the Act where—
(i)the applicant is a foster parent or an approved prospective adoptive parent of a child who is looked after by a local authority; and
(ii)the applicant makes or proposes to make an application to appeal to the First-tier Tribunal in accordance with section 51 of the Children and Families Act 2014 in respect of that child;
(p)legal representation in relation to an appeal to the First-tier Tribunal (Special Educational Needs and Disability) where—
(i)the applicant is a foster parent or an approved prospective adoptive parent of a child who is looked after by a local authority;
(ii)the applicant makes an application to the First-tier Tribunal in accordance with section 51 of the Children and Families Act 2014 in respect of that child; and
(iii)the Director has made a determination under section 10(3) of the Act;
(q)legal help in a matter described in paragraph 2 of Part 1 of Schedule 1 to the Act where—
(i)the applicant was a foster parent of a young person with whom the young person is continuing to reside under a staying put arrangement;
(ii)the applicant making or proposing to make an application to appeal to the First-tier Tribunal is a person described in paragraphs (a), (b) or (c) of section 80(6) of the Children and Families Act 2014; and
(iii)the young person cannot make the application themselves; and
(r)legal representation in relation to an appeal to the First-tier Tribunal (Special Educational Needs and Disability) where—
(i)the applicant was a foster parent of a young person with whom the young person is continuing to reside under a staying put arrangement;
(ii)the applicant making the application to appeal to the First-tier Tribunal is a person described in paragraphs (a), (b) or (c) of section 80(6) of the Children and Families Act 2014;
(iii)the young person cannot make an application themselves; and
(iv)the Director has made a determination under section 10(3) of the Act.]
(2) In this regulation—
[F17“approved prospective adoptive parent” means an individual who has received notification from a local authority or an adoption agency that they have decided to approve the prospective adopter as suitable to adopt a child, in accordance with the Adoption Agencies Regulations 2005 or the Adoption Agencies (Wales) Regulations 2005;]
[F17“child who is looked after by a local authority” has the meaning set out in section 22 of the Children Act 1989 and section 74 of the Social Services and Well-being (Wales) Act 2014;]
[F17“foster parent” means a local authority foster parent as defined in section 105(1) of the Children Act 1989;]
[F18“Mediation Information and Assessment meeting” means an assessment by a mediator of whether, in light of all the circumstances, a case is suitable for mediation;]
[F18“mediator” means a mediator with whom the Lord Chancellor has made an arrangement under section 2(1) of the Act (arrangements);]
[F19“relevant determination” means—
an exceptional case determination as described in section 10(3) of the Act to the extent that it relates to an inquest; or
a wider public interest determination as described in section 10(5) of the Act.]
[F20“relevant mediation session” means the acting of a mediator at a mediation session (“the session”) which is held on or after 3rd November 2014 and—
the session is a single session taking place following a Mediation Information and Assessment Meeting; or
where the session is part of a multi session, the session is the initial mediation session taking place following a Mediation Information and Assessment Meeting,
and for the purposes of this definition, “single session” and “multi session” have the same meanings as in the contract named the Standard Civil Contract 2010 between the Lord Chancellor and a provider of civil legal services under Part 1 of the Act];
“relevant tribunal” means—
“special Children Act 1989 case” means [F21any matter described in paragraph 1(1)(a), (b), (c) or (k) (care supervision and protection of children) of Part 1 of Schedule 1 to the Act], to the extent that it relates to any of the following provisions of the Children Act 1989 [F22or, where specified, the Social Services and Well-being (Wales) Act 2014]—
section 25 (use of accommodation for restricting liberty) M12, to the extent that the individual to whom civil legal services may be provided is the child who is or would be the subject of the order;
[F23section 119 of the Social Services and Well-being (Wales) Act 2014 (use of accommodation for restricting liberty), to the extent that the individual to whom civil legal services may be provided is the child who is or would be the subject of the order;]
section 31, to the extent that the individual to whom civil legal services may be provided is the child who is or would be the subject of the order, that child's parent or other person with parental responsibility for that child;
section 43 (child assessment orders), to the extent that the individual to whom civil legal services may be provided is the child who is or would be the subject of the order, that child's parent or other person with parental responsibility for that child;
section 44 (orders for emergency protection of children), to the extent that the individual to whom civil legal services may be provided is the child who is or would be the subject of the order, that child's parent or other person with parental responsibility for that child; or
section 45 (duration of emergency protection orders and other supplemental provisions) M13, to the extent that the individual to whom civil legal services may be provided is the child who is or would be the subject of the order, that child's parent or other person with parental responsibility for that child,
but does not include appeals from final orders made under any of those provisions of the Children Act 1989 [F24or, as the case may be, section 119 of the Social Services and Well-being (Wales) Act 2014]; F25...
[F17“staying put arrangement” has the meaning in section 23CZA of the Children Act 1989;]
“TPIM proceedings” are the proceedings listed at (b) to (g) of the definition of “TPIM proceedings” given in section 30(1) of the Terrorism Prevention and Investigation Measures Act 2011 [F26; and]
[F17“young person” has the meaning in section 83 of the Children and Families Act 2014.]
[F27(3) For the purpose of paragraph (1)(m), an individual is a member of another individual’s family if their relationship is as described in section 10(6) of the Act.]
Textual Amendments
F1Words in reg. 5(1) substituted (1.4.2013) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2013 (S.I. 2013/753), regs. 1, 2(2)(a)
F2Reg. 5(1)(ga) inserted (22.4.2014) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2014 (S.I. 2014/812), regs. 1, 2(2)(a) (with reg. 3)
F3Reg. 5(1)(gb) inserted (3.11.2014) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/2701), regs. 1, 2(2)(a)
F4Words in reg. 5(1)(h) substituted (31.12.2020) by The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 42(2)(a) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F5Reg. 5(1)(ha) inserted (22.4.2014) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2014 (S.I. 2014/812), regs. 1, 2(2)(b) (with reg. 3)
F6Words in reg. 5(1)(ha) substituted (31.12.2020) by The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 42(2)(b) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in reg. 5(1)(i) substituted (31.12.2020) by The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 42(2)(c) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in reg. 5(1)(i)(ii) substituted (31.12.2020) by The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 42(2)(d) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F9Reg. 5(1)(ja) inserted (1.4.2013) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2013 (S.I. 2013/753), regs. 1, 2(2)(b)
F10Words in reg. 5(1)(k) substituted (31.12.2020) by The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 42(2)(e) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F11Word in reg. 5(1)(k)(ii) deleted (1.4.2013) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2013 (S.I. 2013/753), regs. 1, 2(2)(c)
F12Reg. 5(1)(ka) inserted (1.4.2013) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2013 (S.I. 2013/753), regs. 1, 2(2)(d)
F13Word in reg. 5(1)(ka) omitted (12.1.2022) by virtue of The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2021 (S.I. 2021/1423), regs. 1(1), 2(2)(a)(i) (with reg. 3)
F14Reg. 5(1)(m)(n) inserted (12.1.2022) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2021 (S.I. 2021/1423), regs. 1(1), 2(2)(a)(ii) (with reg. 3)
F15Word in reg. 5(1)(m) omitted (10.2.2023) by virtue of The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2023 (S.I. 2023/45), regs. 1(1), 2(2) (with reg. 3)
F16Reg. 5(1)(o)-(r) inserted (10.2.2023) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2023 (S.I. 2023/45), regs. 1(1), 2(3) (with reg. 3)
F17Words in reg. 5(2) inserted (10.2.2023) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2023 (S.I. 2023/45), regs. 1(1), 2(4)(a) (with reg. 3)
F18Words in reg. 5(2) inserted (22.4.2014) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2014 (S.I. 2014/812), regs. 1, 2(3) (with reg. 3)
F19Words in reg. 5(2) inserted (12.1.2022) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2021 (S.I. 2021/1423), regs. 1(1), 2(2)(b)(i) (with reg. 3)
F20Words in reg. 5(2) inserted (3.11.2014) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/2701), regs. 1, 2(2)(b)
F21Words in reg. 5(2) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 154(a)
F22Words in reg. 5(2) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 154(b)
F23Words in reg. 5(2) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 154(c)
F24Words in reg. 5(2) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 154(d)
F25Word in reg. 5(2) omitted (10.2.2023) by virtue of The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2023 (S.I. 2023/45), regs. 1(1), 2(4)(b) (with reg. 3)
F26Word in reg. 5(2) inserted (10.2.2023) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2023 (S.I. 2023/45), regs. 1(1), 2(4)(c) (with reg. 3)
F27Reg. 5(3) inserted (12.1.2022) by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2021 (S.I. 2021/1423), regs. 1(1), 2(2)(c) (with reg. 3)
Modifications etc. (not altering text)
C1Reg. 5 modified (24.3.2022) by The Early Legal Advice Pilot Scheme Order 2022 (S.I. 2022/397), arts. 1(1), 3(1), Sch. para. 4(2) (with arts. 3(2), 4)
Marginal Citations
M11989 c. 41. Section 31 was amended by section 75 of, and paragraph 1 of Schedule 8 to, the Criminal Justice and Court Services Act 2000 (c. 43); sections 120 and 121(1) of the Adoption and Children Act 2002 (c. 38) and section 6 of, and paragraph 35 of Schedule 4 to, the Criminal Justice and Immigration Act 2008 (c. 4).
M31984 c. 47. Paragraph 5(2) was amended by article 9(1) of, and paragraph 69(a) of Schedule 3 to, S.I. 2008/2833.
M42005 c. 9. Section 21A was inserted by section 50(7) of, and paragraphs 1 and 2 of Part 1 of Schedule 9 to, the Mental Health Act 2007 (c. 12).
M5The 1980 European Convention on Child Custody is defined in paragraph 17(3) of Part 1 of Schedule 1 to the Act to mean the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on the Restoration of Custody of Children which was signed in Luxembourg on 20 May 1980.
M6The 1980 Hague Convention is defined in paragraph 17(3) of Part 1 of Schedule 1 to the Act to mean the Convention on the Civil Aspects of International Child Abduction which was signed at The Hague on 25 October 1980.
M7The EU Maintenance Regulation is defined in paragraph 18(5) of Part 1 of Schedule 1 to the Act to mean Council Regulation (EC) No. 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and co-operation in matters relating to maintenance obligations.
M9TPIM notice is defined in paragraph 45(4) of Part 1 of Schedule 1 to the Act to mean a notice under section 2(1) of the Terrorism Prevention and Investigation Measures Act 2011.
M10The Health, Education and Social Care Chamber of the First-tier Tribunal is allocated these functions under article 4(i) of S.I. 2010/2655.
M11The Mental Health Review Tribunal for Wales established under section 65 of the Mental Health Act 1983 (c. 20) as amended by section 2(1) of, and paragraph 107(6) of Schedule 1 to, the Health Authorities Act 1995 (c. 17) and article 9(1) of, and paragraphs 39 and 45 of Schedule 3 to, S.I. 2008/2833.
M12Section 25 was amended by section 39 of, and paragraph 15 of Schedule 3 to, the Children and Young Persons Act 2008 (c. 23) and section 24 of, and paragraph 45 of Schedule 4 to, the Access to Justice Act 1999 (c. 22).
M13Section 45 was amended by section 52 of, and paragraph 4 of Schedule 6 to, the Family Law Act 1996 (c. 27); section 42 of, and paragraph 1 of Schedule 4 to, the Children and Young Persons Act 2008 (c. 23); section 116 of, and paragraph 19 of Part 1 of Schedule 16 to, the Courts and Legal Services Act 1990 (c. 41); S.I. 2002/253 and S.I. 2004/1771.
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