The Civil Legal Aid (Procedure) Regulations 2012

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The Civil Legal Aid (Procedure) Regulations 2012, Section 23 is up to date with all changes known to be in force on or before 28 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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table of contents words inserted by S.I. 2016/561 reg. 2(2)

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Sch. 1 para. 6A inserted by S.I. 2023/150 art. 7(3)(a)

The applicationE+W

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23.—(1) An application for Controlled Work must be in a form specified by the Lord Chancellor and must specify—

(a)the form of civil legal services to which the application relates;

(b)the matter to which the application relates;

(c)the category within which the civil legal services fall (as described in the Category Definitions that form part of the 2010 Standard Civil Contract [F1, 2013 Standard Civil Contract [F2, 2014 Standard Civil Contract [F3, 2015 Standard Civil Contract or 2018 Standard Civil Contract]]]); and

(d)a proposed provider with whom the Lord Chancellor has made an arrangement under section 2(1) of the Act for the provision of the services which are the subject of the application [F4(unless the Director has waived this requirement under paragraph (1A))].

[F5(1A) The Director may waive the requirement in regulation 23(1)(d) if—

(a)the application is for civil legal services described in paragraph 41 of Part 1 of Schedule 1 to the Act in the form of legal help;

(b)the Director has determined that civil legal services in the same matter are to be made available to the individual under section 10 of the Act, and

(c)the effective administration of justice test is satisfied.

(1B) If the Director, having waived the requirement in regulation 23(1)(d), determines that an individual qualifies for Controlled Work—

(a)the Director may make the determination conditional upon the proposed provider entering into an individual case contract with the Lord Chancellor, and

(b)the determination may specify that the determination is to be treated as having effect from a date earlier than the date of the determination.]

[F6(1C) Where—

(a)an application is made for legal help in relation to any matter described in paragraph 41 (inquests) of Part 1 of Schedule 1 to the Act, and

(b)either regulation 5(1)(n) or regulation 5(1)(na) of the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 applies,

the Director may specify that the determination is to be treated as having effect from a date earlier than the date of the determination.]

(2) An application for civil legal services described in paragraph 12 of Part 1 of Schedule 1 to the Act to be provided as Controlled Work must include evidence of the domestic violence or risk of domestic violence and regulation 33 applies to such an application.

(3) An application for civil legal services described in paragraph 13 of Part 1 of Schedule 1 to the Act to be provided as Controlled Work must include evidence that the child who is or would be the subject of the order to which the application relates is at risk of abuse from an individual other than the applicant for civil legal services and regulation 34 applies to such an application.

[F7(3A) An application for civil legal services described in paragraph 32(1) of Part 1 of Schedule 1 to the Act to be provided as Controlled Work to an individual must be made—

(a)where a conclusive determination described in paragraph 32(1)(a) of Part 1 of Schedule 1 to the Act has been made in relation to that individual, within twelve months of the date of that determination;

(b)where a determination by a competent authority described in paragraph 32(6) of Part 1 of Schedule 1 to the Act has been made in relation to that individual and the individual has been given—

(i)leave to remain in the United Kingdom outside the rules made under section 3(2) of the Immigration Act 1971, or

(ii)[F8immigration bail under paragraph 1 of Schedule 10 to the Immigration Act 2016]),

on or before the latest date on which that [F9leave or immigration bail] comes to an end,

(and in any case where both sub-paragraphs (a) and (b) apply, the application must be made by the latest date specified by those sub-paragraphs).]

[F10(3B) An application for civil legal services described in paragraph 32A(1) of Part 1 of Schedule 1 to the Act to be provided as Controlled Work to an individual must be made—

(a)where a conclusive determination described in paragraph 32A(1)(a) of Part 1 of Schedule 1 to the Act has been made in relation to that individual, within twelve months of the date of that determination;

(b)where a determination by a competent authority described in paragraph 32A(6) of Part 1 of Schedule 1 to the Act has been made in relation to that individual and the individual has been given—

(i)leave to remain in the United Kingdom outside the rules made under section 3(2) of the Immigration Act 1971, or

(ii)[F11immigration bail under paragraph 1 of Schedule 10 to the Immigration Act 2016],

on or before the latest date on which that [F12leave or immigration bail] comes to an end,

(and in any case where both sub-paragraphs (a) and (b) apply, the application must be made by the latest date specified by those sub-paragraphs).]

(4) Where a determination has been made that an individual qualifies for legal help in a particular matter (the “initial determination”), the individual may not, within the six month period following the last provision of services pursuant to that determination, make an application for legal help in the same matter which proposes a different provider unless—

(a)there has been a material change in relevant circumstances since the initial determination;

(b)the individual has reasonable cause to be dissatisfied with the services provided under the initial determination;

(c)the individual's usual residence has changed since the initial determination and, as a result, effective communication between the individual and the provider is not practicable; or

(d)the provider named in the initial determination has confirmed in writing that no remuneration will be claimed under arrangements made by the Lord Chancellor under section 2(1) of the Act in respect of any services provided under the initial determination.

(5) An application for help with family mediation in relation to the issuing of proceedings to obtain a consent order following the settlement of a family dispute must be made within three months of the final family mediation session at which the dispute was settled.

(6) The individual must provide any additional information and documents requested by the Director in order to make a determination in relation to the application.

Textual Amendments

F1Words in reg. 23(1)(c) substituted (1.8.2014) by The Civil Legal Aid (Procedure, Remuneration and Statutory Charge) (Amendment) Regulations 2014 (S.I. 2014/1824), regs. 1, 2(3)(b)

F2Words in reg. 23(1)(c) substituted (1.11.2015) by The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(b), 2(3)(b)

F3Words in reg. 23(1)(c) substituted (1.9.2018) by The Civil Legal Aid (Procedure, Remuneration and Statutory Charge) (Amendment) Regulations 2018 (S.I. 2018/803), regs. 1, 2(3)(b)

F4Words in reg. 23(1)(d) inserted (27.1.2017) by The Civil Legal Aid (Procedure) (Amendment) Regulations 2017 (S.I. 2017/53), regs. 1, 2(2)

F5Reg. 23(1A)(1B) inserted (27.1.2017) by The Civil Legal Aid (Procedure) (Amendment) Regulations 2017 (S.I. 2017/53), regs. 1, 2(3)

F6Reg. 23(1C) substituted (4.9.2023) by The Criminal and Civil Legal Aid (Amendment) Regulations 2023 (S.I. 2023/745), regs. 1(2), 4(2) (with reg. 6)

F7Reg. 23(3A) inserted (17.7.2015) by The Civil and Criminal Legal Aid (Amendment) Regulations 2015 (S.I. 2015/1416), regs. 1(2)(b), 2(3)(a) (with reg. 7)

F8Words in reg. 23(3A)(b)(ii) substituted (15.1.2018) by The Immigration Act 2016 (Consequential Amendments) (Immigration Bail) Regulations 2017 (S.I. 2017/1242), reg. 1, Sch. para. 6(2)

F9Words in reg. 23(3A)(b) substituted (15.1.2018) by The Immigration Act 2016 (Consequential Amendments) (Immigration Bail) Regulations 2017 (S.I. 2017/1242), reg. 1, Sch. para. 6(3)

F10Reg. 23(3B) inserted (31.7.2015) by The Civil and Criminal Legal Aid (Amendment) Regulations 2015 (S.I. 2015/1416), regs. 1(2)(a), 2(3)(b)

F11Words in reg. 23(3B)(b)(ii) substituted (15.1.2018) by The Immigration Act 2016 (Consequential Amendments) (Immigration Bail) Regulations 2017 (S.I. 2017/1242), reg. 1, Sch. para. 6(2)