The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013

Citation, commencement and interpretation E+W

2.  In these Regulations—

“the Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012;

“the 1999 Act” means the Access to Justice Act 1999(1);

“certificate” means a certificate issued under the Funding Code;

“Certificated Work” means Licensed Work and Individual Case Contracts, which are further defined in Part A of Part 2 of the Funding Code (Funding Code: Procedures);

“the CLA Helpline” means the CLA Operator Service and the CLA Specialist Telephone Advisers;

“the CLA Operator Service” means the Community Legal Advice Operator Service;

“CLA Specialist Telephone Adviser” means a specialist telephone adviser under any of the following so named contracts(2) between a provider and the Commission—

(a)

CLA Specialist Telephone Advice Contracts 2000;

(b)

CLA Specialist Telephone Advice Family Contracts 2009; or

(c)

CLA Specialist Telephone Advice Contracts 2013;

“the Commission” means the Legal Services Commission established under section 1 of the Access to Justice Act 1999;

“Community Legal Service” means the Community Legal Service described in section 4 of the 1999 Act;

“Criminal Defence Service” means the Criminal Defence Service described in section 12 of the 1999 Act;

“funded services” means services that are provided directly for an individual and funded for that individual as part of the Community Legal Service or as part of the Criminal Defence Service under Part 1 of the 1999 Act;

“the Funding Code” means the Funding Code approved under section 9 of the 1999 Act;

“levels of service” means the levels of service set out in paragraph 1.1, and further defined in paragraph 2.1, of Part 1 of the Funding Code (Funding Code: Criteria) and for the purpose of these Regulations Family Help (Lower) and Family Help (Higher) are treated as different levels of service;

“pre-commencement case” means a case—

(a)

in which advice, assistance, mediation or representation is provided by the Commission under the Legal Aid Act 1988(3) in accordance with article 5 of the Access to Justice Act 1999 (Commencement No. 3, Transitional Provisions and Savings) Order 2000(4) or article 4 of, and Schedule 2 to, the Access to Justice Act (Commencement No. 7, Transitional Provisions and Savings) Order 2001(5);

(b)

where an application for funding under the Criminal Defence Service is granted before 1st April 2013; or

(c)

where there is a pre-commencement application for funding under the Community Legal Service within the meaning of regulation 3;

“provider” means a person who provides or is seeking to provide services as part of the Community Legal Service; and

“Variety of Funded Work” means one of the following—

(a)

Certificated Work;

(b)

Controlled Work; or

(c)

Other Grant or Contract Work,

and “Controlled Work” and “Other Grant or Contract Work” are defined in Part A of Part 2 of the Funding Code (Funding Code: Procedures).

Commencement Information

I1 Reg. 2 in force at 1.4.2013, see reg. 1

(1)

1999 c. 22.

(2)

The contracts are available at www.justice.gov.uk/legal-aid. Copies can be inspected at the Legal Aid Agency (Head Office) at 102 Petty France, London, SW1H 9AJ.

(3)

1988 c. 34. The provisions of the Legal Aid Act 1988 relevant to these Regulations were repealed for certain purposes on 1st April 2000 and for remaining purposes on 2nd April 2001, subject to transitional provisions and savings.

(4)

S.I. 2000/774 (C. 16).

(5)

S.I. 2001/916 (C. 32).