{
  "url": "https://openlegislation.uk/community-legal-service-financial-amendment-regulations-2005/note",
  "json_url": "https://openlegislation.uk/community-legal-service-financial-amendment-regulations-2005/note.json",
  "legislation": "uksi/2005/589",
  "legislation_title": "The Community Legal Service (Financial) (Amendment) Regulations 2005",
  "legislation_url": "https://openlegislation.uk/community-legal-service-financial-amendment-regulations-2005",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations amend the Community Legal Service (Financial) Regulations 2000 (“the principal Regulations), which govern the financial aspects of the provision of services funded by the Legal Services Commission in civil matters as part of the Community Legal Service.\nRegulations 2, 4 and 13 amend the financial eligibility limits and thresholds for payment of contributions for various levels of service, and in particular align the financial eligibility limits for Legal Help, Help at Court and Family Mediation with those for Legal Representation.\nRegulation 5 inserts a new regulation 5E into the principal Regulations, which gives the Legal Services Commission power to waive the upper disposable income limit for eligibility for Legal Representation in proceedings where a client is seeking an order for protection from harm to the person, or committal of a person for breach of such an order.\nRegulation 7 amends regulation 23 of the principal Regulations to provide for allowance from income of childcare costs for those who are self employed, when determining eligibility for services.\nRegulations 9 to 12 amend provisions about the calculation of a client’s disposable capital. In particular, the amount to be disregarded in respect of resources which are the subject matter of the dispute is limited to £100,000, and amendments are made to make clarify the operation of provisions about the disregard of sums in respect of debts secured on land, resources which are the subject matter of the dispute, and the client’s interest in his only or main dwelling.\nRegulations 14 to 17 amend provisions about the operation of the statutory charge under section 10(7) of the Access to Justice Act 1999. In particular—\n(a) an exemption from the statutory charge of the first £3,000 of any property recovered in certain family proceedings is removed; and\n(b) regulation 53(3) of the principal Regulations, which prescribes the rate of interest payable by a client where the Commission postpones the enforcement of a statutory charge in its favour, is amended to prescribe a fixed interest rate of 5% per annum (which has been the applicable rate since 1st April 2002 under regulation 53(3) as it applied before this amendment) for the period 1st April 2005 to 30th September 2005, and thereafter a fixed interest rate of 8% per annum from 1st October 2005.\nThe opportunity has also been taken to make consequential amendments necessitated by the Land Registration Act 2002 and the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, and other minor amendments.\nThe amendments made by regulations 2 and 4-13 of these Regulations apply only in relation to applications for funded services made on or after 11th April 2005. The amendments made by regulations 14 and 17 do not apply in cases where the statutory charge applies in respect of funded services provided pursuant to an application made before 1st April 2005.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/589/note",
    "retrieved_at": "2026-10-29T05:06:48.996899+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}