The Civil Legal Aid (Merits Criteria and Information about Financial Resources) (Amendment) Regulations 2015

Statutory Instruments

2015 No. 2005

Legal Aid And Advice, England And Wales

The Civil Legal Aid (Merits Criteria and Information about Financial Resources) (Amendment) Regulations 2015

Made

9th December 2015

Coming into force in accordance with regulation 1

The Lord Chancellor, in exercise of the powers conferred by sections 11(1)(b), 22(3)(f) and 41(1)(a) and (b) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012(1) (“the Act”), makes the following Regulations.

In making these Regulations, in accordance with section 11(2) to (5) of the Act, the Lord Chancellor—

(a) has considered the circumstances in which it is appropriate to make civil legal services available under Part 1 of the Act and, in particular, the extent to which the criteria ought to reflect the factors set out in section 11(3) of the Act;

(b) has sought to secure that, in cases in which more than one form of civil legal service could be provided for an individual, the individual qualifies under Part 1 of the Act for the form of service which in all the circumstances is most appropriate having regard to the criteria, and

(c) is satisfied that the criteria reflect the principle that, in many disputes, mediation and other forms of dispute resolution are more appropriate than legal proceedings.

A draft of this instrument has been laid before Parliament and approved by resolution of each House of Parliament in accordance with section 41(6) of the Act.

(1)

2012 c. 10. Section 42(1) provides that in Part 1 of that Act, “regulations” mean regulations made by the Lord Chancellor and “prescribed” means prescribed by regulations (except in Schedule 6 to that Act).