Explanatory note

These Regulations make amendments to subordinate civil and criminal legal aid legislation under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) (“the Act”).

Regulation 2 amends the Civil Legal Aid (Procedure) Regulations 2012 (S.I. 2012/3098) in so far as they relate to the making of applications for civil legal aid in relation to Female Genital Mutilation Protection Orders; by victims of trafficking in human beings and victims of slavery, servitude or forced or compulsory labour; and in relation to certain proceedings in the youth court. The amendments also extend and clarify the evidential requirements in relation to applications regarding victims of human trafficking, victims of domestic violence and child abuse.

Regulation 3 amends the Criminal Legal Aid (General) Regulations 2013 (S.I. 2013/9) to prescribe certain proceedings under the Female Genital Mutilation Act 2003 (c. 31) and certain proceedings under the Modern Slavery Act 2015 (c. 30) as “criminal proceedings” for the purposes of Part 1 of the Act.

Regulation 4 amends the Civil Legal Aid (Remuneration) Regulations 2013 (S.I. 2013/422) to provide that the Family Advocacy Scheme in Schedule 3 does not apply to the remuneration of advocacy services in civil proceedings concerning Female Genital Mutilation Protection Orders. Therefore, remuneration for this work will be at the relevant hourly rate set out in Schedule 1.

Regulation 5 amends the Criminal Legal Aid (Remuneration) Regulations 2013 (S.I. 2013/435) to provide for the remuneration of providers conducting criminal proceedings in the family court.

Regulation 6 amends the Civil Legal Aid (Financial Resources and Payment for Services) Regulations (S. I. 2013/480) to provide a discretion to waive the financial eligibility requirements for civil legal aid for Female Genital Mutilation Protection Orders and makes provision concerning the calculation of a child applicant’s resources. It also sets down financial eligibility requirements for immigration matters for victims of slavery, servitude or forced or compulsory labour.

Regulation 7 of these Regulations provides that the amendment made by regulation 2(3)(a) of these Regulations does not apply to pre-commencement applications for civil legal services (as defined by regulation 7).

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.