Part 5 E+W+S+N.I.Immigration and Asylum Appeals

ProcedureE+W+S+N.I.

[F1103DReconsideration: legal aidE+W+S+N.I.

(1)On the application of an appellant under section 103A, the appropriate court may order that the appellant’s costs in respect of the application under section 103A shall be paid out of the Community Legal Service Fund established under section 5 of the Access to Justice Act 1999 (c. 22).

(2)Subsection (3) applies [F2where an order for reconsideration is made]

(a)under section 103A(1), and

(b)on the application of the appellant.

[F3(3)The Tribunal may order payment out of that Fund of the appellant's costs—

(a)in respect of the application for reconsideration;

(b)in respect of preparation for reconsideration;

(c)in respect of the reconsideration.]

(4)The Secretary of State may make regulations about the exercise of the powers in subsections (1) and (3).

(5)Regulations under subsection (4) may, in particular, make provision—

(a)specifying or providing for the determination of the amount of payments;

(b)about the persons to whom the payments are to be made;

(c)restricting the exercise of the power (whether by reference to the prospects of success in respect of the appeal at the time when the application for reconsideration was made, the fact that a reference has been made under section 103C(1), the circumstances of the appellant, the nature of the appellant’s legal representatives, or otherwise).

(6)Regulations under subsection (4) may make provision—

(a)conferring a function on the Legal Services Commission;

(b)modifying a duty or power of the Legal Services Commission in respect of compliance with orders under subsection (3);

(c)applying (with or without modifications), modifying or disapplying a provision of, or of anything done under, an enactment relating to the funding of legal services.

(7)Before making regulations under subsection (4) the Secretary of State shall consult such persons as he thinks appropriate.

(8)This section has effect only in relation to an appeal decided in—

(a)England,

(b)Wales, or

(c)Northern Ireland.

(9)In relation to an appeal decided in Northern Ireland this section shall have effect—

(a)as if a reference to the Community Legal Service Fund were to the fund established under paragraph 4(2)(a) of Schedule 3 to the Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/ 435 (N.I. 10)), and

(b)with any other necessary modifications.]