Explanatory note

These Regulations amend the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 (S.I. 2013/480) (“the 2013 Regulations”).

Regulation 5 of the 2013 Regulations provides a list of certain forms of civil legal services that are to be provided without a determination in respect of an individual’s financial resources. Regulation 2(2) adds two new sub-paragraphs to this list.

Regulation 2(2)(a)(ii) adds a new regulation 5(1)(m) to the 2013 Regulations, to provide that there is to be no determination in relation to the financial resources of an individual for other legal services at an inquest into the death of a member of the individual’s family held under the Coroners and Justice Act 2009 if the Director of Legal Aid Casework has made a relevant determination (an exceptional case determination or a wider public interest determination) under section 10 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (“the Act”). Regulation 5(1)(n) provides that if regulation 5(1)(m) applies to an individual, that individual will also receive legal help without a determination in relation to the financial resources of the individual.

Regulation 2(3) removes the Director’s discretionary waiver under regulation 10(2) of the 2013 Regulations where an application is made for an exceptional case determination or wider public interest determination for an inquest. The Director’s waiver under regulation 10(1) remains for legal services described in Schedule 1, paragraph 41 of the Act.

Regulation 44 of the 2013 Regulations sets out how contributions for civil legal services should be calculated and paid. Regulation 2(4) removes the part of regulation 44 that covers other legal services since they now fall under Regulation 5(1)(m).

Regulation 3 provides a transitional provision to ensure that the amendments made by regulation 2 apply to applications for civil legal services at an inquest where they have been made but not determined by the date that these Regulations come into force. It also provides that individuals who would have benefitted from Regulation 5(1)(m) but for the determination already having been made is not liable to any further contributions once the Regulations come into force.

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