The Civil and Criminal Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2024

Transitional Provisions

5.—(1) The amendments made by these Regulations apply to an application for legal services that is—

(a) made before the coming into force date,

(b) has yet to be determined, and

(c) as at the coming into force date, has not been withdrawn.

(2) Paragraph (3) applies where—

(a) the individual’s application for representation under section 16 of the Act was determined before the coming into force date, and

(b) the criminal proceedings(1) for which the individual applied for representation under section 16 of the Act have not concluded.

(3) Where this paragraph applies the 2013 Criminal Means Regulations are to be read as if—

(a) in regulation 27 (renewal of application)—

(i) after paragraph (a) “or” were omitted;

(ii) after paragraph (b) there were inserted—

“; or

(c) regulation 20(2)(n) or (o), or (2A) to (2C) might affect whether the individual is eligible in accordance with section 21(1) of the Act for representation under section 16 of the Act.”;

(b) in regulation 36 (renewal of application)—

(i) after paragraph (a) “or” were omitted;

(ii) after paragraph (b) there were inserted—

“; or

(c) regulation 33(2)(n) or (o), or (2A) to (2C) might affect whether the individual is eligible in accordance with section 21(1) of the Act for representation under section 16 of the Act.”.

(4) Where—

(a) an individual renews an application under regulations 27(c) or 36(c) of the 2013 Criminal Means Regulations as read under paragraph (3)(a) or (b), and

(b) the Director makes a determination that an individual is eligible in accordance with section 21(1) of the Act for representation under section 16 of the Act,

regulation 23 (determinations) of the Criminal Legal Aid (General) Regulations 2013(2) is to be read as if in paragraph (2)(b) for “a date which is no later than the date on which the application was received” there were substituted “the date on which the Civil and Criminal Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2024 came into force”.

(5) Paragraph (6) applies where—

(a) the individual’s application for legal representation or family help (higher) was determined before the coming into force date,

(b) the individual is required to pay a contribution under regulation 44 (contributions) of the 2013 Civil Means Regulations, and

(c) regulations 24(1)(y) to (z1), (3A)(c), or (3B) to (3E), 39(3) or 40(1)(k) to (n), (2A)(c) to (d), or (2B) to (2E) of the 2013 Civil Means Regulations may have applied if the determination of the individual’s financial resources had been made on or after the coming into force date.

(6) Where this paragraph applies, regulation 20 (further determinations) of the 2013 Civil Means Regulations is to be read as if—

(a) after paragraph (2) there were inserted—

“(2A) Where the individual requests that the Director make a further determination, the Director must, subject to paragraph (7), make a further determination in respect of the individual's financial resources, and the contribution (if any) payable in accordance with these Regulations.”;

(b) for paragraph (3) there were substituted—

“(3) For the purposes of the further determination—

(a) under paragraph (1) or (2), the period of calculation must be the period of one month following the date of the change of circumstances or such other period of one month as the Director considers appropriate;

(b) under paragraph (2A), the period of calculation must be the period of one month beginning with the date on which the Civil and Criminal Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2024 came into force, or such other period of one month as the Director considers appropriate.”;

(c) after paragraph (6) there were inserted—

“(6A) Where a determination that the individual is liable to make a contribution is withdrawn or varied as a result of a further determination under paragraph (2A), the Director may take such steps as appear equitable to give effect to the further determination in relation to the period—

(a) beginning with the date on which the Civil and Criminal Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2024 came into force; and

(b) the date on which the further determination is made.”;

(d) in paragraph (7) for “paragraph (1) or (2)” there were substituted “paragraph (1), (2) or (2A)”.

(7) Paragraph (8) applies where—

(a) the individual’s application for representation in Crown Court proceedings under section 16 of the Act was determined before the coming into force date,

(b) the individual is required to make a payment under—

(i) an income contribution order in accordance with regulation 16 (income contribution order: general) of the 2013 Criminal Contribution Regulations, or

(ii) a capital contribution order in accordance with regulation 32 (capital contribution order: general) of the 2013 Criminal Contribution Regulations, and

(c) regulations 10(2)(n) or (o), or (2A) to (2C), or 28(3B)(e) or (f), or (3C) to (3E) of the 2013 Criminal Contribution Regulations may have applied if the determination of the individual’s financial resources had been made on or after the coming into force date.

(8) Where this paragraph applies the 2013 Criminal Contribution Regulations are to be read as if—

(a) in regulation 18 (reassessment by the Director of income and liability to make a payment)—

(i) for paragraph (1)(d) there were substituted—

“(d) an individual—

(i) notifies the Director of a change in financial circumstances in accordance with regulation 17; or

(ii) requests that the Director reassess the individual’s income,”;

(ii) after paragraph (2) there were inserted—

“(3) Where an individual requests that the Director reassess the individual’s income under paragraph (1)(d)(ii), the individual must provide the Director with documentary evidence—

(a) relating to the individual’s financial resources which may fall within regulation 10(2)(n) or (o), or (2A) to (2C); and

(b) which is necessary to enable the Director to reassess the individual’s income.”;

(b) in regulation 19(4) (determination by the Director of liability to make a payment following reassessment of income)—

(i) after sub-paragraph (a) “or” were omitted;

(ii) in sub-paragraph (b) after “regulation 18(1)(d)” there were inserted “(i)”;

(iii) after sub-paragraph (b) there were inserted—

“; or

(c) where the reassessment took place in accordance with regulation 18(1)(d)(ii), the date on which the Civil and Criminal Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2024 came into force.”;

(c) in regulation 20(2) (withdrawal by the Director of a determination of liability to make a payment following reassessment of income)—

(i) after sub-paragraph (a) “or” were omitted;

(ii) in sub-paragraph (b) after “regulation 18(1)(d)” there were inserted “(i)”;

(iii) after sub-paragraph (b) there were inserted—

“; or

(c) where the reassessment took place in accordance with regulation 18(1)(d)(ii), the date on which the Civil and Criminal Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2024 came into force.”;

(d) in regulation 21 (variation by the Director of liability to make a payment following reassessment of income)—

(i) at the end of paragraph (1) there were inserted “or (3) as applicable”;

(ii) at the beginning of paragraph (2) for “The” there were substituted “Where the individual’s disposable annual income is reassessed under regulation 18(1)(a), (b), (c) or (d)(i), the”;

(iii) after paragraph (2) there were inserted—

“(3) Where the individual’s disposable annual income is reassessed under regulation 18(1)(d)(ii), the Director must—

(a) vary the determination in respect of the amount of the payment so that any payment or payments under the income contribution order after the date on which the Civil and Criminal Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2024 came into force are of one twelfth of 90 per cent of the individual’s disposable annual income as calculated on reassessment; and

(b) amend the income contribution order accordingly.”.

(e) in regulation 22 (liability to overdue payments under an income contribution order following reassessment of income)—

(i) in paragraph (2) after “regulation 18(1)(d)” there were inserted “(i)”;

(ii) after paragraph (2) there were inserted—

“(2A) Where the reassessment took place in accordance with regulation 18(1)(d)(ii) and the determination is withdrawn in accordance with regulation 20 as a result of the reassessment, the Director must notify the individual that the individual remains liable to the overdue payment or payments which were required to be made—

(a) before the date on which the Civil and Criminal Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2024 came into force; or

(b) on or before the date of the conclusion of the proceedings,

whichever is the earlier.”;

(iii) in paragraph (3) after “the reassessment” there were inserted “under regulation 18(1)(a), (b), (c) and (d)(i)”;

(iv) after paragraph (3) there were inserted—

“(3A) Where the individual’s liability increases or decreases as a result of the reassessment under regulation 18(1)(d)(ii), the Director must notify the individual that the individual is liable to the overdue payment or payments (adjusted under paragraph (4) where relevant) which were required to be made—

(a) before the date on which the Civil and Criminal Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2024 came into force; or

(b) (where the proceedings have concluded) on or before the date of the conclusion of the proceedings.”;

(v) in paragraph (4) after “paragraph (3)” there were inserted “or (3A)”;

(vi) in paragraph (5)—

(aa) after sub-paragraph (a) “or” were omitted;

(bb) in sub-paragraph (b) after “regulation 18(1)(d)” there were inserted “(i)”;

(cc) after sub-paragraph (b) there were inserted—

“; or

(c) where the reassessment took place in accordance with regulation 18(1)(d)(ii), the date on which the Civil and Criminal Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2024 came into force.”;

(f) in regulation 23 (determination by the Director of liability to make an additional payment following reassessment of income)—

(i) at the beginning of paragraph (2) for “The” there were substituted “Where the reassessment took place under regulation 18(1)(a), (b), (c) or (d)(i), the”;

(ii) after paragraph (2) there were inserted—

“(2A) Where the reassessment took place under regulation 18(1)(d)(ii), the Director must make a determination that the individual is liable to an additional payment of the amount of the difference between—

(a) the total amount of the payment or payments which were required to be made—

(i) before the date on which the Civil and Criminal Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2024 came into force; or

(ii) (where the proceedings have concluded) on or before the date of the conclusion of the proceedings; and

(b) the total amount of the equivalent payment or payments which the individual would have been required to make, had the payments from the relevant date been of one twelfth of 90 per cent of the individual’s disposable annual income as calculated on reassessment.”;

(iii) in paragraph (4)—

(aa) after sub-paragraph (a) “or” were omitted;

(bb) in sub-paragraph (b) after “regulation 18(1)(d)” there were inserted “(i)”;

(cc) after sub-paragraph (b) there were inserted—

“; or

(c) where the reassessment took place in accordance with regulation 18(1)(d)(ii), the date on which the Civil and Criminal Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2024 came into force.”;

(g) in regulation 24(5) (repayment following reassessment of income)—

(i) after sub-paragraph (a) “or” were omitted;

(ii) in sub-paragraph (b) after “regulation 18(1)(d)” there were inserted “(i)”;

(iii) after sub-paragraph (b) there were inserted—

“; or

(c) where the reassessment took place in accordance with regulation 18(1)(d)(ii), the date on which the Civil and Criminal Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2024 came into force.”;

(h) in regulation 35 (reassessment by the Director of capital and liability to make a payment) the existing text of the regulation became paragraph (1) and—

(i) for sub-paragraph (d) of that paragraph there were substituted—

“(d) an individual—

(i) notifies the Director of a change in financial circumstances in accordance with regulation 34, and does so—

(aa) within 28 days of the date on which the capital contribution order was issued; or

(bb) otherwise with a reasonable excuse; or

(ii) requests that the Director reassess the individual’s capital, and does so—

(aa) within 28 days of the date on which the capital contribution order was issued; or

(bb) otherwise with a reasonable excuse,”;

(ii) after that paragraph there were inserted—

“(2) Where an individual requests that the Director reassess the individual’s capital under paragraph (1)(d)(ii), the individual must provide the Director with documentary evidence—

(a) relating to the individual’s financial resources which may fall within regulation 28(3B)(e) or (f), or (3C) to (3E); and

(b) which is necessary to enable the Director to reassess the individual’s capital.”.

(9) For the purpose of this regulation, an application is made on the date that it is received by the Director.

(10) In this regulation—

“the Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012;

“the 2013 Civil Means Regulations” means the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013(3);

“the 2013 Criminal Contribution Regulations” means the Criminal Legal Aid (Contribution Orders) Regulations 2013(4);

“the 2013 Criminal Means Regulations” means the Criminal Legal Aid (Financial Resources) Regulations 2013(5);

“coming into force date” means the date on which these Regulations come into force;

“family help (higher)” has the same meaning as in regulation 15 (family help) of the Civil Legal Aid (Merits Criteria) Regulations 2013(6);

“legal representation” has the same meaning as in regulation 18 (legal representation) of the Civil Legal Aid (Merits Criteria) Regulations 2013.

(1)

“criminal proceedings” has the same meaning as in section 14 (criminal proceedings) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10); section 14 was applied by article 29(1)(b) of S.I. 2018/187.

(2)

S.I. 2013/9, to which there are amendments not relevant to these Regulations.

(3)

S.I. 2013/480; relevant amending instruments are S.I. 2013/591, 2015/643, 2015/838, 2016/211, 2016/708, 2017/745, 2019/505 as amended by 2020/1493, 2019/894, 2019/1396, 2020/1584, 2021/1423, 2022/1376.

(4)

S.I. 2013/483; relevant amending instruments are S.I. 2015/643, 2015/710, 2015/838, 2016/211, 2016/708, 2019/894, 2022/1376.

(5)

S.I. 2013/471, amended by S.I. 2013/2791; there are other amending instruments but none is relevant.

(6)

S.I. 2013/104, amended by S.I. 2019/1396; there are other amending instruments but none is relevant.