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The Civil Legal Aid (Procedure) Regulations 2012

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44.—(1) An individual may apply for a review by the Director of any of the following—

(a)a determination that the services which are the subject of the application are not civil legal services described in Part 1 of Schedule 1 to the Act;

(b)a determination that an individual does not qualify for the civil legal services which are the subject of the application;

(c)a determination that an individual qualifies for civil legal services but not on the terms requested in the application (whether because of a limitation or condition to which the determination has been made subject or otherwise);

(d)an amendment of, or refusal to amend, a limitation or condition to which the determination is subject; or

(e)a withdrawal of a determination,

within fourteen days of receipt of the notice of the determination, amendment or withdrawal (“the original decision”).

(2) The application for review must be in a form specified by the Lord Chancellor and must include any written representations supporting the application.

(3) The Director must consider the application and any written representations and may confirm or amend the original decision or substitute a new determination, amendment or withdrawal.

(4) Where the original decision was the withdrawal of a determination and, following the review, the Director substitutes a determination for that withdrawal, the determination takes effect (unless the Director directs otherwise) as if the original decision had not been made.

(5) The Director must ensure that a certificate accurately records the civil legal services for which an individual qualifies following the review.

(6) The Director must notify the individual and the provider or proposed provider identified in the individual’s application of—

(a)the decision following the review; and

(b)any right of appeal to an adjudicator.

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