The Civil Legal Aid (Procedure) (Amendment) Regulations 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend regulation 23 (the application) of the Civil Legal Aid (Procedure) Regulations 2012 (S.I. 2012/3098) (“the Procedure Regulations”). The Procedure Regulations make provision about the making and withdrawing of determinations that an individual qualifies for civil legal services under sections 9 and 10 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).

Regulation 2(3) of this instrument inserts a new regulation 23(1A) and (1B) into Part 3 (Controlled Work) of the Procedure Regulations. Regulation 23(1A) makes provision enabling the Director of Legal Aid Casework to waive one of the requirements about the content of an application for Controlled Work in relation to an inquest, in certain circumstances. Where the Director has waived that requirement, regulation 23(1B) provides that a determination about Controlled Work may be conditional upon the proposed provider entering into an individual case contract with the Lord Chancellor and that the determination may be backdated.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.