Amendments to the Civil Legal Aid (Procedure) Regulations 20122
1
The Civil Legal Aid (Procedure) Regulations 20122 are amended as follows.
2
In regulation 23(1)(d) (the application), after “the subject of the application” insert “(unless the Director has waived this requirement under paragraph (1A))”.
3
After regulation 23(1), insert—
1A
The Director may waive the requirement in regulation 23(1)(d) if—
a
the application is for civil legal services described in paragraph 41 of Part 1 of Schedule 1 to the Act in the form of legal help;
b
the Director has determined that civil legal services in the same matter are to be made available to the individual under section 10 of the Act, and
c
the effective administration of justice test is satisfied.
1B
If the Director, having waived the requirement in regulation 23(1)(d), determines that an individual qualifies for Controlled Work—
a
the Director may make the determination conditional upon the proposed provider entering into an individual case contract with the Lord Chancellor, and
b
the determination may specify that the determination is to be treated as having effect from a date earlier than the date of the determination.