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The Civil Legal Aid (Procedure) Regulations 2012
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- UK Statutory Instruments
- 2012 No. 3098
- PART 4
- Regulation 40
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The Civil Legal Aid (Procedure) Regulations 2012, Section 40 is up to date with all changes known to be in force on or before 29 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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Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 1 para. 6A inserted by S.I. 2023/150 art. 7(3)(a)
Reporting dutiesE+W
This section has no associated Explanatory Memorandum
40.—(1) The individual (or the person acting on behalf of the individual) must—
(a)immediately notify the provider of any change in circumstances which might affect a determination that the individual qualifies for civil legal services; and
(b)attend a meeting with the Director if requested to do so.
(2) The provider must report to the Director any change in the individual's circumstances which become known to the provider and which might affect a determination that an individual qualifies for civil legal services.
(3) The provider must report to the Director—
(a)a refusal by the individual (or the person acting on behalf of the individual) to accept—
(i)an offer to settle;
(ii)an offer to mediate any issue in the proceedings;
(iii)an offer to use an alternative dispute resolution procedure; or
(iv)any other offer of settlement which the provider considers to be reasonable;
(b)any aspect of the conduct of the individual (or the person acting on behalf of the individual) which the provider considers relevant to the determination that the individual qualifies for civil legal services;
(c)notice of any other party to the proceedings to which the determination relates qualifying for civil legal services;
(d)any other information which might affect a determination that an individual qualifies for civil legal services; or
(e)the fact that the provider has concluded that it is no longer possible to act for the individual, together with reasons for the provider's conclusion.
(4) Where an authorised person within the meaning of the Legal Services Act 2007 M1 has been instructed by the provider to provide civil legal services in relation to a determination, the reporting requirements described in paragraphs (2) and (3) also apply to that person.
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