The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013

Pre-commencement application for funding under the Community Legal Service

4.—(1) For the purpose of regulation 3(a) an application, other than an application made to the CLA Helpline, is made before 1^st April 2013—

(a) if the application is for Controlled Work and the application is signed and dated before 1st April 2013;

(b) if the application is in paper form for Certificated Work, other than an application for emergency representation, and the application—

(i) is signed and dated before 1st April 2013; and

(ii) is received by the Commission or, after 31st March 2013, by the Director, by 5.00pm on 8th April 2013;

(c) if the application is in electronic form for Certificated Work and the application is recorded on the Commission’s Client and Cost Management System as having been submitted through that system before 1st April 2013; or

(d) if the application is for exceptional funding under the 1999 Act and the application—

(i) is signed and dated before 1st April 2013; and

(ii) received by the Commission or, after 31st March 2013, by the Director, by 5.00pm on 8th April 2013.

(2) For the purpose of regulation 3(a) an application that is made to the CLA Helpline is made before 1st April 2013 if—

(a) the individual makes the application to a CLA Specialist Telephone Adviser before 12.30pm on 30th March 2013; or

(b) the CLA Operator Service transfers the individual to a CLA Specialist Telephone Adviser before 12.30pm on 30th March 2013 and—

(i) the call is not answered by the CLA Specialist Telephone Adviser before 12.30pm on 30th March 2013;

(ii) the individual leaves a message with the CLA Specialist Telephone Adviser before 12.30pm on 30th March 2013; and

(iii) the individual makes the application to a CLA Specialist Telephone Adviser within two weeks of leaving the message.

(3) For the purpose of regulation 3(a) an application for emergency representation is treated as having been made before 1st April 2013 if—

(a) the application—

(i) is granted by a provider before 1st April 2013; and

(ii) notified within five working days of the grant to the Commission or, after 31st March 2013, to the Director; or

(b) the application is faxed to, and received by, the Commission before 1st April 2013.

(4) In this regulation—

(a) an “application for emergency representation” means an application made under Section 3 of Part C of Part 2 of the Funding Code (Funding Code: Procedures); and

(b) an “application for exceptional funding under the 1999 Act” means an application under section 6(8)(b) of the 1999 Act made in accordance with paragraphs 15.1 to 15.3 of Part 2 of the Funding Code (Funding Code: Procedures).