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The Civil Legal Aid (Merits Criteria) (Amendment) (No. 3) Regulations 2013

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Amendment of the Civil Legal Aid (Merits Criteria) Regulations 2013

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

(2) In regulation 2 (interpretation)—

(a)in the appropriate place insert—

““Dublin III claim” means any matter described in paragraph 19(1) of Part 1 of Schedule 1 to the Act (judicial review) in relation to a transfer decision within the meaning of Regulation (EU) No. 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person(2);”; and

(b)in the definition of “public law claim” after “paragraph 19 (judicial review)” insert “other than a Dublin III claim”.

(3) After regulation 56 (criteria for determinations for full representation in relation to public law claims) insert—

“Criteria for determinations in relation to Dublin III claims

56A.—(1) For the purposes of a determination for any form of civil legal services in relation to a Dublin III claim, the general merits criteria do not apply and paragraph (2) applies.

(2) An individual may qualify for civil legal services only if the Director is satisfied that the individual’s case has a tangible prospect of success.”.

(1)

S.I. 2013/104 as amended by S.I. 2013/772.

(2)

OJ , 29.6.2013 L 180/31.

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