Regulation 5 Pre-commencement applications for civil legal services

(1)

For the purpose of regulation 4(a), an application is made before 22nd April 2014 if the application is—

(a)

for Licensed Work or an exceptional case determination under section 10 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012^f1, other than an application for emergency representation, and the application is—

(i)

signed and dated before 22nd April 2014 and received by the Director by 5.00pm on 29th April 2014; or

(ii)

submitted through the Client and Cost Management System before 22nd April 2014; or

(b)

for emergency representation and the application—

(i)

results in a determination being made by a provider before 22nd April 2014 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 22nd April 2014; or

(iii)

is submitted through the Client and Cost Management System before 22nd April 2014.

(2)

In this regulation—

(a)

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

(b)

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

(c)

“emergency representation” means—

(i)

legal representation (within the meaning of regulation 18 of the Merits Criteria Regulations) that is not Controlled Work; or

(ii)

family help (higher) (within the meaning of regulation 15(3) of the Merits Criteria Regulations),

which is provided following a determination made on an urgent application;

(d)

“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday for the purposes of paragraph 1 of Schedule 1 to the Banking and Financial Dealings Act 1971^f2.

Annotations

Footnotes

f1: 2012 c. 10.
f2: 1971 c. 80.