2009 No. 3312

Legal Services Commission, England And Wales

The Community Legal Service (Financial) (Amendment No. 3) Regulations 2009

Made

Laid before Parliament

Coming into force

The Lord Chancellor, in exercise of the powers conferred by sections 7, 10 and 26 of the Access to Justice Act 19991, makes the following Regulations:

1

1

These Regulations may be cited as the Community Legal Service (Financial) (Amendment No. 3) Regulations 2009 and come into force on 11th January 2010.

2

In these Regulations—

a

“the 2000 Regulations” means the Community Legal Service (Financial) Regulations 20002;

b

“application” has the same meaning as in the 2000 Regulations.

3

These Regulations apply to applications made on or after 11th January 2010 and to further assessments under regulation 15 of the 2000 Regulations made on or after that date.

4

Applications and further assessments made before that date shall be treated as if these Regulations had not been made.

2

After regulation 24 of the 2000 Regulations insert—

24A

In calculating the disposable income of the person concerned, any amounts due under a contribution order made under regulations under section 17A of the Act3 shall be deducted.

Signed by authority of the Lord Chancellor

BachParliamentary Under Secretary of StateMinistry of Justice
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Community Legal Service (Financial) Regulations 2000, which govern the financial aspects of the provision of services funded by the Legal Services Commission in civil and family matters. These Regulations provide that, where a person is liable to make payments under a contribution order in a criminal case in the Crown Court, the amount due is to be deducted from the person’s disposable income when their financial eligibility for civil and family legal aid is being assessed.

An impact assessment has not been prepared for this instrument as no impact on business or the private or voluntary sector is foreseen.