The Civil Legal Aid (Procedure) (Amendment) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Civil Legal Aid (Procedure) Regulations 2012 (“the Procedure Regulations”) in relation to applications for 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 (c10) (“the Act”).

Regulation 4 omits the definition of face-to-face provider in regulation 2 of the Procedure Regulations. Regulation 5 revokes Part 2 of the Procedure Regulations which relates to Gateway Work.

Regulation 6 amends regulation 23 of the Procedure Regulations to enable a determination about legal help for inquests to have effect from a date earlier than the determination where the Director has disapplied financial eligibility limits in relation to the application.

Regulation 7 amends regulation 61 of the Procedure Regulations to set out circumstances when an individual applying for family mediation need not attend the provider’s premises in person.

Regulation 8 amends Schedule 1 to the Procedure Regulations to expand further the types of evidence of domestic violence which may support an application for civil legal services under paragraph 12 of Part 1 of Schedule 1to the Act.

Regulation 9 provides that the amendments made to revoke Part 2 (and to remove the definition of face-to-face provider) do not apply to applications on which determinations are made before the coming into force date of these Regulations. Regulation 10 provides that the amendments relating to supporting evidence for domestic violence do not apply to applications for civil legal services made before the coming into force date of these Regulations.

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