The Civil Legal Aid (Procedure, Remuneration and Statutory Charge) (Amendment) Regulations 2018

Citation and commencement

1.  These Regulations may be cited as the Civil Legal Aid (Procedure, Remuneration and Statutory Charge) (Amendment) Regulations 2018 and come into force on 1st September 2018.

Amendment to the Civil Legal Aid (Procedure) Regulations 2012

2.—(1) The Civil Legal Aid (Procedure) Regulations 2012(1) are amended as follows.

(2) In regulation 2 (interpretation), in the definition beginning “2010 Standard Civil Contract”, for “and “2015 Standard Civil Contract”” substitute “, “2015 Standard Civil Contract”, “2018 Standard Civil Contract” and “2018 CLA Contract””.

(3) In each of—

(a) regulation 20 (interpretation), in the definition of “relevant category”;

(b) paragraph (1)(c) of regulation 23 (the application);

(c) paragraph (4)(c) of regulation 31 (the application); and

(d) paragraph (1) of regulation 67 (the application),

for “or 2015 Standard Civil Contract” substitute “, 2015 Standard Civil Contract or 2018 Standard Civil Contract”.

(4) In regulation 21(2)(e) (Controlled Work – General):

(a) after “(ii) the Mental Health Tribunal for Wales;” insert “or”;

(b) after “(iii) the Immigration and Asylum Chamber of the First-tier Tribunal” insert “, other than in relation to an application for permission to appeal to the Immigration and Asylum Chamber of the Upper Tribunal.”; and

(c) omit “; or (iv) the Immigration and Asylum Chamber of the Upper Tribunal in relation to an appeal or review from the Immigration and Asylum Chamber of the First-tier Tribunal.”.

Amendments to the Civil Legal Aid (Remuneration) Regulations 2013

3.—(1) The Civil Legal Aid (Remuneration) Regulations 2013(2) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) in the definition of “Category Definition”, for “or the 2015 Standard Civil Contract” substitute “, the 2015 Standard Civil Contract or the 2018 Standard Civil Contract”;

(b) in the definition of “the relevant contract”, for “or the 2016 Standard Civil Contract (Welfare Benefits)” substitute “, the 2016 Standard Civil Contract (Welfare Benefits) or the 2018 Standard Civil Contract”; and

(c) in the definition beginning “the 2010 Standard Civil Contract”, for “and the “2016 Standard Civil Contract (Welfare Benefits)”” substitute “, “the 2016 Standard Civil Contract (Welfare Benefits)” and “the 2018 Standard Civil Contract””.

(3) In regulation 5A (remuneration for civil legal services: judicial review)—

(a) in paragraph (3)(b), for ““2013 CLA Contract” means the contract” substitute ““2013 CLA Contract and “2018 CLA Contract” mean the contracts”; and

(b) in paragraph (3)(j), for “or the 2015 Standard Civil Contract” substitute “, the 2015 Standard Civil Contract, the 2018 Standard Civil Contract or the 2018 CLA Contract”.

Amendment to the Civil Legal Aid (Statutory Charge) Regulations 2013

4.  In regulation 2(1) (interpretation) of the Civil Legal Aid (Statutory Charge) Regulations 2013(3), in the definition of “legal aid only costs”—

(a) in sub-paragraph (g) omit “or”; and

(b) after sub-paragraph (h) insert

“or

(i) the 2018 Standard Civil Contract;”.

Transitional Provisions

5.—(1) Regulation 2(4) does not apply to an application for Controlled Work in relation to an immigration matter which is described in Part 1 of Schedule 1 to the Act, if the application was made before 1st September 2018.

(2) Regulation 2(4) does not apply where an individual makes an application for civil legal services in relation to an immigration matter which is described in Part 1 of Schedule 1 to the Act on or after 1st September 2018 and the following conditions are met—

(a) civil legal services have been provided to that individual as a result of an application falling within paragraph (1); and

(b) the further application for civil legal services relates to the same case for which civil legal services were provided as a result of the application which falls within paragraph (1).

(3) In this regulation—

(a) “Controlled Work” has the meaning given in regulation 21(2) of the Civil Legal Aid (Procedure) Regulations 2012(4); and

(b) “the Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

(4) For the purposes of this regulation an application is made on the date it is signed and dated.

Lucy Frazer

Parliamentary Under Secretary of State

Ministry of Justice

2nd July 2018