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The Civil Legal Aid (Procedure) Regulations 2012, Section 39 is up to date with all changes known to be in force on or before 31 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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39.—(1) Where the Director has authorised a provider to make a determination under section 9 of the Act that an individual qualifies for legal representation that is Licensed Work (“authorised representation”), the provider must, within 5 business days of making a determination, notify the Director in a form specified by the Lord Chancellor.
(2) The Director may remove or amend any limitation or condition to which a determination about authorised representation is subject or impose a new limitation or condition on such a determination.
(3) The following functions of the Director may not be delegated to the provider—
(a)issuing a certificate recording the determination in relation to authorised representation;
(b)amending a limitation or condition to which the determination is subject (unless the determination relates to emergency representation);
(c)the withdrawal of the determination; and
(d)conducting a review in relation to authorised representation under regulation 44.
(4) Where, following a review in relation to authorised representation under regulation 44, the Director makes a determination that an individual qualifies for the legal representation which was the subject of the application, the individual may choose a different authorised provider from the provider named on the original application.
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