8.—(1) The amendments made by regulations 3(5) and 4 to 6 do not apply to an application for civil legal services falling within paragraph (2).
(2) An application for civil legal services falls within this paragraph if it is an application——
(a)submitted to the Director in accordance with Article 13(1)(b) of the Cross-Border Legal Aid Directive, reading that Article as if the United Kingdom were a member State, which—
(i)is made using the standard form for legal aid applications established under Article 16 of the Cross-Border Legal Aid Directive, and
(ii)received by the Director before [F1IP completion day],
(b)transmitted to the Director by a transmitting authority and received by the Director before 5.00pm on the fifteenth day after the day on which [F1IP completion day] falls, or
(c)not falling within sub-paragraph (a) or (b), and—
(i)it is an application for Controlled Work, and the application is signed and dated on or before the day on which [F1IP completion day] falls,
(ii)it is an application for Licensed Work, other than an application for emergency representation, and the application is—
(aa)signed and dated on or before the day on which [F1IP completion day] falls and received by the Director by 5.00pm on the seventh day after the day on which [F1IP completion day] falls, or
(bb)submitted through the Client and Cost Management System before [F1IP completion day], or
(iii)it is an application for emergency representation, and the application—
(aa)results in a determination being made by a provider before [F1IP completion day] and that determination is notified to the Director within five working days of the determination,
(bb)is emailed or faxed to, and received by, the Director before [F1IP completion day], or
(cc)is submitted through the Client and Cost Management System before [F1IP completion day].
(3) After [F1IP completion day], for the purposes of an application falling within paragraph (2)—
(a)the following provisions have effect as if the United Kingdom were a member State—
(i)paragraph 44 of Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012,
(ii)regulation 11 of the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013, and
(iii)regulation 5D of the Community Legal Service (Financial) Regulations 2000 M1,
(b)regulation 11(3) of the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 is to be read as if for it there were substituted—
“(3) For the purposes of this regulation—
(a)in order to determine whether an individual is domiciled in the member State whose courts are seised of a matter, the internal law of that member State must be applied;
(b)if an individual is not domiciled in the member State whose courts are seised of the matter, then, in order to determine whether the party is domiciled in another member State, the internal law of that member State must be applied.”, and
(c)regulation 5D(4) of the Community Legal Service (Financial) Regulations 2000 is to be read as if for it there were substituted—
“(4) For the purposes of this regulation—
(a)in order to determine whether an individual is domiciled in the member State whose courts are seised of a matter, the internal law of that member State shall be applied;
(b)if an individual is not domiciled in the member State whose courts are seised of the matter, then, in order to determine whether the party is domiciled in another member State, the internal law of that member State shall be applied”
[F2(3A) Nothing in these Regulations affects the application of paragraph 1(a) of Article 69 of the withdrawal agreement and legislation amended or revoked by these Regulations continues to have effect for the purposes of that paragraph as if the amendments or revocations had not been made.]
(4) In this regulation—
“civil legal services” has the meaning given in section 8(3) (civil legal services) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012;
“Client and Cost Management System” means the client and cost management system used by the Director in relation to applications for civil legal services;
“Controlled Work” has the meaning given in regulation 21(2) (controlled work: general) of the Civil Legal Aid (Procedure) Regulations 2012;
“the Cross-Border Legal Aid Directive” means Council Directive 2003/8/EC of 27 January 2003 to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes M2;
“determination” means a determination that an individual qualifies for civil legal services in accordance with Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012;
“Director” means the person designated as the Director of Legal Aid Casework under section 4(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and any person to whom a function of the Director of Legal Aid Casework has been delegated under regulation 12 of the Civil Legal Aid (Procedure) Regulations 2012;
“emergency representation” has the meaning given in regulation 2 (interpretation) of the Civil Legal Aid (Procedure) Regulations 2012;
“Licensed Work” has the meaning given in regulation 29(2) (licensed work: general) of the Civil Legal Aid (Procedure) Regulations 2012;
“provider” means a person who provides civil legal services under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012;
“transmitting authority” has the meaning given in Article 14(1) of the Cross-Border Legal Aid Directive; and
“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 M3.
Textual Amendments
F1Words in reg. 8(2)(3) substituted (31.12.2020 immediately before IP completion day) by The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1493), regs. 1(1), 7(2)(a)
F2Reg. 8(3A) inserted (31.12.2020 immediately before IP completion day) by The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1493), regs. 1(1), 7(3)
Commencement Information
I1Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Marginal Citations
M1S.I. 2000/516. Relevant amendments are S.I. 2004/2899 and 2007/1655. This instrument has been revoked by paragraph 51 of Schedule 5 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c.10), subject to consequential, transitional and savings provisions set out in S.I. 2013/534.
M2OJ No. L 26, 31.1.2003, p. 41-47; original reference, “2002/8/EC”, corrected by OJ No. L 32, 7.2.2003, p. 15.