The Civil Legal Aid (Procedure) (Amendment) Regulations 2014

PART 2 TRANSITIONAL PROVISIONS

Application

5.  The amendments made by regulations 2, 3 and 4 do not apply to a pre-commencement application for civil legal services.

Pre-commencement applications for civil legal services

6.—(1) In this Part, a “pre-commencement application for civil legal services” means an application for civil legal services that is made before 22nd April 2014.

(2) For the purpose of this regulation, an application is to be treated as being made before 22nd April 2014 if the application is—

(a) for Controlled Work and the application is signed and dated before 22nd April 2014;

(b) for Licensed Work or an exceptional case determination under section 10 of the Act, other than an application for emergency representation, and the application is—

(i) signed and dated before 22nd April 2014 and received by the Director by 5.00 pm on 29th April 2014; or

(ii) submitted through the Client and Cost Management System before 22nd April 2014; or

(c) for emergency representation and the application—

(i) results in a determination being made by a provider before 22nd April 2014 and that determination is notified within five working days of the determination to the Director;

(ii) is emailed or faxed to, and received by, the Director before 22nd April 2014; or

(iii) is submitted through the Client and Cost Management System before 22nd April 2014.

(3) In this regulation—

“Client and Cost Management System” means the client and cost management system used by the Director in relation to applications for civil legal services;

“Controlled Work” has the meaning given in regulation 21(2) of the Procedure Regulations;

“emergency representation” has the meaning given in Regulation 2 of the Procedure Regulations;

“Licensed Work” has the meaning given in regulation 29(2) of the Procedure Regulations;

“provider” means a person who provides civil legal services under Part 1 (legal aid) of the Act; and

“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday, or a day which is a bank holiday for the purposes of paragraph 1 of Schedule 1 to the Banking and Financial Dealings Act 1971(1).

(1)

1971 c. 80.