The Community Legal Service (Financial) (Amendment) Regulations 2002

Statutory Instruments

2002 No. 709

LEGAL SERVICES COMMISSION, ENGLAND AND WALES

The Community Legal Service (Financial) (Amendment) Regulations 2002

Made

10th March 2002

Laid before Parliament

18th March 2002

Coming into force

8th April 2002

The Lord Chancellor, in exercise of the powers conferred on him by sections 7 and 10 of the Access to Justice Act 1999(1), makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Community Legal Service (Financial) (Amendment) Regulations 2002 and shall come into force on 8th April 2002.

Interpretation

2.  In these Regulations, a reference to a regulation by number alone means the regulation so numbered in the Community Legal Service (Financial) Regulations 2000(2).

Transitional provisions

3.  These Regulations shall apply to applications for funded services, and further assessments under regulation 15, made on or after 8th April 2002 and applications and further assessments made before that date shall be treated as if these Regulations had not been made.

Amendments to the Community Legal Service (Financial) Regulations 2000

4.  The following shall be inserted after regulation 3(1)(g)(iii):

“or

(iv) applies for the registration of a judgment under Council Regulation (EC) No 1347/2000 of 29th May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses”.

5.  In regulation 4(3)(c), “£263” shall be substituted for “£259”.

6.—(1) In regulation 5(2), “£611” shall be substituted for “£601”.

(2) In regulation 5(3), “£695” shall be substituted for “£683”.

(3) In regulation 5(5), “£695” shall be substituted for “£683”.

(4) In regulation 5(6), “£695” shall be substituted for “£683”.

7.  In regulation 5A(4), “£2,034” shall be substituted for “£2,000”.

8.  In regulation 19(f), “all” shall be substituted for “widow’s and widower's”.

9.  In regulation 35(1), “£263” shall be substituted for “£259”.

10.  In regulation 38(2)(a):

(a) “£263” shall be substituted for “£259”;

(b) in paragraph (i), “£259” shall be substituted for “£255”, and “£386” for “£380”; and

(c) in paragraph (ii), “£387” shall be substituted for “£381”, and “£513” for “£505”.

Signed by authority of the Lord Chancellor

Patricia Scotland

Parliamentary Secretary,

Lord Chancellor’s Department

Dated 10th March 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Community Legal Service (Financial) Regulations 2000 so as to increase the income limits for the purposes of determining eligibility for services provided by the Legal Services Commission as part of the Community Legal Service. This is in line with the relevant uprating of social security benefits. In addition, they make various further minor changes with regard to financial eligibility.

(1)

1992 c. 22.

(2)

S.I. 2000/516, as amended by S.I. 2001/950, 2997, 3663 and 3929.