# The Civil Legal Aid (Immigration Interviews) (Exceptions) Regulations 2012, Note: Explanatory note

Extent: E+W

(This note is not part of the Regulations)
Paragraph 30 of Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (“the Schedule”) sets out the scope of civil legal services for which civil legal aid may be made available in relation to an individual’s rights to enter and remain in the United Kingdom under certain specified provisions. Paragraph 30(3) of Part 1 of the Schedule provides that such services do not include attendance at an immigration interview conducted on behalf of the Secretary of State with a view to reaching a decision on a claim, except where regulations provide otherwise.
These regulations provide for exceptions to paragraph 30(3).
Regulation 3 allows civil legal aid to be made available to cover attendance at any immigration interview where the individual being interviewed is under the age of 18 or is being treated as such for the purposes of the interview.
Where the individual being interviewed is not under the age of 18 or being treated as such, the effect of regulation 4 is that civil legal aid will not be made available for attendance at the first immigration interview and may only be made available for attendance at subsequent immigration interviews where the individual is detained at certain places of detention where their claim may be ‘fast tracked’ and dealt with more quickly than would otherwise be the case, or where the individual lacks mental capacity.

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Source: https://www.legislation.gov.uk/uksi/2012/2683/note (the official version)
Page: https://openlegislation.uk/civil-legal-aid-immigration-interviews-exceptions-regulations-2012/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.