Explanatory note

These Regulations amend the Civil Legal Aid (Merits Criteria) Regulations 2013 (S.I. 2013/104) (“the Merits Criteria Regulations”), which make provision for the criteria which the Director of Legal Aid Casework must apply when determining whether an individual or legal person qualifies for civil legal services under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) (“the Act”).

Schedule 1 to the Act is amended by provisions of the Serious Crime Act 2015 (c. 9) and the Modern Slavery Act 2015 (c. 30) to bring certain civil legal services within the scope of civil legal aid. As a result of those amendments, it is necessary to amend the Merits Criteria Regulations.

Regulation 2(2) of these Regulations amends the definitions set out in regulation 2 of the Merits Criteria Regulations. The effect is to provide that the merits criteria to be applied to applications for civil legal services under paragraph 15A (female genital mutilation protection orders) of Part 1 of Schedule 1 to the Act are those which apply to domestic violence cases and certain family disputes.

Regulation 2(3) and (4) of these Regulations amends regulations 22 and 60 of the Merits Criteria Regulations to provide that the merits criteria to be applied to applications for civil legal services under paragraph 32A(1) (victims of slavery, servitude or forced or compulsory labour) of Part 1 of Schedule 1 to the Act are those which apply to civil legal services under paragraph 32(1) (victims of trafficking in human beings) of the Merits Criteria Regulations.

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