2.—(1) The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013(1) are amended as follows.
(2) In regulation 5 (exceptions from requirement to make a determination in respect of an individual’s financial resources)—
(a)in the opening words of paragraph (1), for “may be provided” substitute “are available”;
(b)after paragraph (1)(j) insert—
“(ja)family help (higher) or legal representation in relation to any matter described in—
(i)paragraph 18(3A)(2) (applications under Article 10 of the 2007 Hague Convention(3)) of Part 1 of Schedule 1 to the Act, where Article 17(b) of the 2007 Hague Convention applies; or
(ii)paragraph 18(3B)(4) (proceedings to which Article 17(b) of the 2007 Hague Convention is applied) of Part 1 of Schedule 1 to the Act;”;
(c)in paragraph (1)(k)(ii), delete “and”; and
(d)after paragraph (1)(k) insert—
“(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; and”.
Paragraph 18(3A) was inserted by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2013 (S.I. 2013/748).
The 2007 Hague Convention is defined in paragraph 18(5) of Part 1 of Schedule 1 to the Act (as inserted by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2013 (S.I. 2013/748)) to mean the Convention on the international recovery of child support and other forms of family maintenance concluded at The Hague on 23 November 2007 (OJ No L 192, 22.7.11, p 51-70).
Paragraph 18(3B) was inserted by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2013 (S.I. 2013/748).