EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend three statutory instruments relating to the provision of civil legal services under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) (“the Act”), as a result of the coming into force of the 2014 Standard Civil Contract on 1st August 2014. The 2014 Standard Civil Contract, which is made in accordance with section 2 of the Act, governs the provision of face-to-face work in the categories of Community Care and Mental Health.
Regulation 2 amends the Civil Legal Aid (Procedure) Regulations 2012 (S.I. 2012/3098), which make provision about the making and withdrawal of determinations that an individual qualifies for civil legal services under sections 9 and 10 of the Act. Regulation 2 makes minor amendments, to make reference to the 2014 Standard Civil Contract, in the provisions governing the procedures for making applications for Gateway Work, Controlled Work, Licensed Work and Exceptional Cases.
Regulation 3 amends the Civil Legal Aid (Remuneration) Regulations 2013 (S.I. 2013/422), which make provision about the payment by the Lord Chancellor to persons who provide civil legal services under arrangements made for the purposes of Part 1 of the Act, to enable remuneration to be paid to persons who provide civil legal services under the 2014 Standard Civil Contract.
Regulation 4 amends the Civil Legal Aid (Statutory Charge) Regulations 2013 (S.I. 2013/503), which make provision about the statutory charge which arises over money and other property preserved or recovered by a legally aided party in civil proceedings and over costs payable to the legally aided party by another party to the proceedings (“the charge”). Regulation 4 makes minor amendments to the definition of “legal aid only costs” to ensure that legal aid only costs as described under the 2014 Standard Civil Contract and 2014 Standard Civil Contract (Welfare Benefits) are excepted from the charge on costs payable to a legally aided party and do not form part of the charge on costs recovered from another party to proceedings.
The contracts referred to in these Regulations are available at www.justice.gov.uk/legal-aid. Copies can be inspected at the Legal Aid Agency (Head Office) at 102 Petty France, London, SW1H 9AJ.
The impacts of the Government’s programme of legal aid reform implemented through the Act are set out in an Impact Assessment, which was updated following the Act receiving Royal Assent. This is available at www.justice.gov.uk/legislation/bills-and-acts/acts/legal-aid-and-sentencing-act/laspo-background-information. An Impact Assessment has not been prepared specifically for this instrument.