Modification to the Funding Code, etc.

9.—(1) Where an appellant applies for Legal Representation to bring immigration review proceedings, the Funding Code shall apply subject to the modifications that–

(a) in Section 5 of the Funding Code Criteria, the criteria in section 5.4 (standard criteria for Legal Representation and Support Funding) shall not apply; and

(b) in Section 13 of the Funding Code Criteria, sections 13.4 (prospects of success) and 13.5 (cost benefit) shall not apply.

(2) Where Legal Representation is granted for immigration review proceedings to be brought by an appellant, the effect of the grant shall be that—

(a) the Commission shall, subject to the provisions of its contract with the supplier, pay for–

(i) services consisting of advising on the merits of making an application under section 103A; and

(ii) any disbursements incurred by the supplier, other than counsel’s fees,

whether or not a section 103D order is made; but

(b) otherwise, payment by the Commission for services provided by the supplier, or by counsel instructed by the supplier, shall be conditional upon the High Court or the Tribunal making a section 103D order.

(3) Where Legal Representation has been granted for immigration review proceedings to be brought by an appellant, section 10(1) of the 1999 Act shall apply, notwithstanding that payment by the Commission for services is conditional upon a section 103D order being made.

(4) This regulation does not apply in relation to fast track proceedings.