Explanatory note

Paragraph 5(1)(b) of Part 4 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) (“the Act”) provides that where a paragraph of Part 1 of Schedule 1 to the Act describes services that consist of, or include, services provided in relation to proceedings, the description is to be treated as including services provided in relation to preliminary or incidental proceedings. Paragraph 5(3) of Part 4 of Schedule 1 to the Act provides that regulations may make provision specifying whether proceedings are, or are not, to be regarded as preliminary or incidental for the purposes of paragraph 5.

These Regulations specify the proceedings that are not to be regarded as preliminary for the purposes of paragraph 5 of Part 4 of Schedule 1 to the Act. Paragraph 8 of Part 1 of Schedule 1 to the Act describes civil legal services that may be available in relation to appeals relating to welfare benefits. Section 11(4)(a) of the Tribunals, Courts and Enforcement Act 2007 (c. 15) (“the 2007 Act”) provides that the First-tier Tribunal may grant permission to appeal to the Upper Tribunal on application by a party. The Regulations provide that proceedings under section 11(4)(a) of the 2007 Act are, for the purposes of paragraph 5 of Part 4 of Schedule 1 to the Act, not to be regarded as preliminary to proceedings for which civil legal services may be provided under paragraph 8 of Part 1 of Schedule 1 to the Act. The effect is that in cases relating to welfare benefits, applications to the First-tier Tribunal for permission to appeal a decision of the First-tier Tribunal to the Upper Tribunal will not be within the general scope of civil legal aid.