The Civil Legal Aid (Procedure) Regulations 2012

Appeal: reconsideration by the Director

48.—(1) Where a determination, amendment or withdrawal (“the decision under appeal”) is referred to the Director by the adjudicator under regulation 46 or 47, the Director must reconsider that decision taking into account—

(a) the adjudicator’s decision and written reasons; and

(b) any new information provided by the individual following the review.

(2) After reconsidering the decision under appeal, the Director may confirm or amend that decision or substitute a new determination, amendment or withdrawal.

(3) The Director must notify the individual and the provider or proposed provider identified in the individual’s application of the decision following the appeal, giving written reasons.

(4) Where the Director confirms the decision under appeal but for reasons that are materially different from the reasons for the decision under appeal, the individual may make a further appeal to the adjudicator (using the appeal provisions in this Part), following which there is no further review or appeal under these Regulations.

(5) Where the decision under appeal was the withdrawal of a determination and, following the appeal, the Director substitutes a determination for that withdrawal, the determination takes effect (unless the Director directs otherwise) as if the original withdrawal had not been made.

(6) The Director must ensure that a certificate accurately records the civil legal services for which an individual qualifies following the appeal.