The Civil Legal Aid (Merits Criteria) Regulations 2013

CHAPTER 1 Mental Health and Mental Capacity

Criteria for determinations for full representation in relation to mental health proceedings

51.—(1) For the purposes of a determination for full representation in relation to any matter described in paragraph 5(1)(a) or (b) of Part 1 of Schedule 1 to the Act (mental health and the repatriation of prisoners), to the extent that it relates to proceedings before the First-tier Tribunal or the Mental Health Review Tribunal for Wales—

(a) the criteria in regulations 39 (standard criteria for determinations for legal representation) and 41 to 44 (criteria for determinations for full representation) do not apply; and

(b) the criterion in paragraph (2) applies.

(2) The Director must be satisfied that it would be reasonable in all the circumstances of the case for the individual to be provided with full representation.

Criteria for determinations for full representation in relation to mental capacity proceedings

52.—(1) For the purposes of a relevant determination the criteria in—

(a) regulation 39 (standard criteria for determinations for legal representation) and regulations 41(a) and (b), 42 and 43 (criteria for determinations for full representation) apply;

(b) regulations 41(c) and 44 (multi-party action damages criterion) do not apply; and

(c) paragraph (2) apply.

(2) The Director must be satisfied that—

(a) the Court of Protection has ordered, or is likely to order, an oral hearing; and

(b) it is necessary for the individual to be provided with full representation in the proceedings.

(3) In this regulation, a relevant determination is a determination for full representation in relation to any matter described in paragraph 5(1)(c) of Part 1 of Schedule 1 to the Act (mental capacity) in proceedings before the Court of Protection to the extent that they relate to—

(a) a person’s right to life;

(b) a person’s liberty or physical safety;

(c) a person’s medical treatment (within the meaning of the Mental Health Act 1983(1));

(d) a person’s capacity to marry, to enter into a civil partnership or to enter into sexual relations; or

(e) a person’s right to family life.

(1)

1983 c.20.