Explanatory note

These Regulations amend the Civil Legal Aid (Procedure) Regulations 2012 (S.I. 2012/3098) (“the Procedure Regulations”) to reverse some of the amendments made by the Criminal and Civil Legal Aid (Amendment) Regulations 2025 (S.I. 2025/750) (“the 2025 Amendment Regulations”).

The Procedure Regulations make provision about the making and withdrawal of determinations that an individual qualifies for civil legal aid services under sections 9 and 10 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).

Regulation 2 of these Regulations amends the Procedure Regulations to restore the requirement for the Director of Legal Aid Casework (“the Director”) to provide a copy of the legal aid certificate recording a determination to an individual. This requirement was removed by the 2025 Amendment Regulations.

Regulation 2 of these Regulations also amends the Procedure Regulations by restoring the requirement for the Director to revoke a determination for emergency representation made on the basis of limited information and documents where, following the provision of further information and documents, the Director determines that an individual is not financially eligible for relevant civil legal services. The requirement to revoke an emergency representation determination was amended to a requirement to withdraw by the 2025 Amendment Regulations.

Regulation 3 sets out a saving provision which ensures that the previous position under regulation 52(2)(c) of the Procedure Regulations continues to apply to emergency representation determinations made before these Regulations come into force. Where, following the provision of further information or documents, the Director determines that the individual is financially ineligible, such determinations are to be withdrawn rather than revoked.

A full impact assessment has not been produced for this instrument as no, or no significant, impact of these operational changes on the private, voluntary or public sectors is foreseen. A review of potential impacts has been included within the Explanatory Memorandum which is available from the Ministry of Justice, 102 Petty France, London, SW1H 9AJ and is published alongside this instrument (on www.legislation.gov.uk).