- Latest available (Revised)
- Original (As made)
The Civil Legal Aid (Merits Criteria) Regulations 2013, Section 69 is up to date with all changes known to be in force on or before 21 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
69.—(1) For the purposes of a relevant determination the criteria in—
(a)regulations 39(a) to (e) (criteria for determinations for legal representation) apply;
(b)regulations 39(f), 41, 42 (cost benefit criteria), 43 (prospects of success criterion) and 44 (multi-party) do not apply; and
(c)paragraphs (2) and (3) apply.
(2) The Director must be satisfied that—
(a)the reasonable private paying individual test is met; and
(b)the criterion in paragraph (3) is met.
[F1(3) The Director must be satisfied that the prospects of success are—
(a)very good, good or moderate; or
(b)borderline, marginal or unclear, and—
(i)the case is of significant wider public interest;
(ii)the case is one with overwhelming importance to the individual; or
(iii)the substance of the case relates to a breach of Convention rights.]
(4) In this regulation, a relevant determination is—
(a)a determination for full representation in relation to any matter described in paragraph 12 of Part 1 of Schedule 1 to the Act (victims of domestic violence and family matters) to the extent that it does not relate—
(i)to Part 1 or 3 of the Family Law Act 1986 M1 (child custody and declarations of status);
(ii)subject to sub-paragraph (b), to any provision of Part 1 or 2 of the Children Act 1989 M2 (orders with respect to children in family proceedings); [F2or
(iii)to section 51A of the Adoption and Children Act 2002 (post-adoption contact orders);]
(b)a determination for full representation in relation to any matter described in paragraph 12 of Part 1 of Schedule 1 to the Act (victims of domestic violence and family matters) to the extent that it relates an order made under section 15 of, and Schedule 1 to, the Children Act 1989;
[F3(ba)a determination for full representation in relation to any matter described in paragraph 15 of Part 1 of Schedule 1 to the Act (children who are parties to family proceedings), to the extent that regulations 64 and 68 do not apply;]
(c)a determination for full representation in relation to any matter described in paragraph 18(2) of Part 1 of Schedule 1 to the Act (applications in relation to maintenance decisions), to the extent that regulations 11(9)(b) or 70 do not apply; or
(d)any matter described in paragraph 18(3A) of Part 1 of Schedule 1 to the Act (applications under Article 10 of the 2007 Hague Convention), to the extent that article 17(a) M3 of the 2007 Hague Convention applies.
Textual Amendments
F1Reg. 69(3) substituted (22.7.2016) by The Civil Legal Aid (Merits Criteria) (Amendment) Regulations 2016 (S.I. 2016/781), regs. 1(1), 2(12) (with reg. 3)
F2Reg. 69(4)(a)(iii) and word inserted (10.12.2015) by The Civil Legal Aid (Merits Criteria and Information about Financial Resources) (Amendment) Regulations 2015 (S.I. 2015/2005), regs. 1(2), 2(3)
F3Reg. 69(4)(ba) inserted (27.1.2014) by The Civil Legal Aid (Merits Criteria) (Amendment) Regulations 2014 (S.I. 2014/131), regs. 1(1), 2(11) (with reg. 3)
Marginal Citations
M3Article 17(a) provides that in the case of all applications under the 2007 Hague Convention other than those under article 15 or 16 the provision of free legal assistance may be made subject to a merits test.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: