The Civil Legal Aid (Remuneration) (Amendment) Regulations 2015

Pre-commencement applications for civil legal services

4.—(1) In regulation 3, a “pre-commencement application for civil legal services” means an application for civil legal services that is—

(a) made before 27th March 2015, or

(b) a new application for civil legal services within the meaning of paragraph (3).

(2) For the purpose of sub-paragraph (1)(a), an application is made before 27th March 2015 if the application is—

(a) for Licensed Work or an exceptional case determination under section 10 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, other than an application for emergency representation, and the application is—

(i) signed and dated before 27th March 2015 and received by the Director by 5.00pm on 31st March 2015, or

(ii) submitted through the Client and Cost Management System before 27th March 2015, or

(b) for legal representation provided as emergency representation and the application—

(i) results in a determination being made by a provider before 27th March 2015 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 27th March 2015, or

(iii) is submitted through the Client and Cost Management System before 27th March 2015.

(3) An application is a new application for civil legal services if it is made by a person on or after 27th March 2015 and the following conditions are met—

(a) civil legal services that are Licensed Work have been provided to that person as a result of a pre-commencement application for civil legal services (“the original application”);

(b) the application for civil legal services made on or after 27th March 2015 (“the further application”) relates to the case for which civil legal services were provided as a result of the original application, and

(c) as a result of the further application, the Director has decided in accordance with regulation 37(3)(b) of the Procedure Regulations that the certificate should cover more than one set of proceedings.

(4) In this regulation—

(a) “the Procedure Regulations” means the Civil Legal Aid (Procedure) Regulations 2012(1);

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

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

(d) “emergency representation” means legal representation that is not Controlled Work, which is provided following a determination made on an urgent application;

(e) “legal representation” has the meaning given in regulation 18 of the Civil Legal Aid (Merits Criteria) Regulations 2013(2);

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

(g) “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(3).

(1)

S.I. 2012/3098, to which there are amendments not relevant to these Regulations.

(2)

S.I. 2013/104, to which there are amendments not relevant to these Regulations.

(3)

1971 c. 80.