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Regulation 3 Transitional provision

Original text. Later amendments are not shown.

(1)

The amendments made by regulation 2 do not apply to an application for civil legal services that is made before the commencement date.

(2)

For the purpose of this regulation, an application is to be treated as being made before the commencement date if the application is—

(a)

for Controlled Work and the application is signed and dated before the commencement date;

(b)

for Licensed Work, other than an application for emergency representation, and the application is—

(i)

signed and dated before the commencement date and received by the Director by 5.00 pm on the seventh day after the commencement date, or

(ii)

submitted through the Client and Cost Management System before the commencement date, or

(c)

for emergency representation and the application—

(i)

results in a determination being made by a provider before the commencement date and that determination is notified within five working days of the determination to the Director;

(ii)

is emailed or faxed to, and received by, the Director before the commencement date, or

(iii)

is submitted through the Client and Cost Management System before the commencement date.

(3)

In this regulation—

  • “Client and Cost Management System” means the client and cost management system used by the Director in relation to applications for civil legal services;

  • “commencement date” is—

    1. (a)

      in relation to the amendments made by regulation 2(2), 25th April 2016; and

    2. (b)

      in relation to the amendments made by regulation 2(3), 16th May 2016;

  • “Controlled Work” has the meaning given in regulation 21(2) of the Procedure Regulations;

  • “emergency representation” has the meaning given in regulation 2 of the Procedure Regulations;

  • “Licensed Work” has the meaning given in regulation 29(2) of the Procedure Regulations;

  • “provider” means a person who provides civil legal services under Part 1 (legal aid) of the Act;

  • “working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday, or a day which is a bank holiday in England and Wales for the purposes of paragraph 1 of Schedule 1 to the Banking and Financial Dealings Act 1971f1.

Annotations

Footnotes

f1

1971 c. 80.