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The Community Legal Service (Financial) (Amendment) Regulations 2008

S.I. 2008/658 · Made 7 March 2008

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Legal Services Commission, England And Wales

Made 7th March 2008

Laid before Parliament 11th March 2008

Coming into force 7th April 2008

The Lord Chancellorf1, in exercise of the powers conferred by sections 7 and 10 of the Access to Justice Act 1999f2, makes the following Regulations:

Annotations to the whole text

Footnotes

f1

The powers were conferred on the Lord Chancellor, transferred to the Secretary of State for Constitutional Affairs by the Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), and transferred back to the Lord Chancellor by the Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I. 2005/3429).

f2

1999 c. 22.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Citation, commencement and interpretation
  3. 3Transitional provisions
  4. 4Amendments to the Community Legal Service (Financial) Regulations 2000
  5. 5Amendments to the Community Legal Service (Financial) Regulations 2000
  6. 6Amendments to the Community Legal Service (Financial) Regulations 2000
  7. 7Amendments to the Community Legal Service (Financial) Regulations 2000
  8. 8Amendments to the Community Legal Service (Financial) Regulations 2000
  9. 9Amendments to the Community Legal Service (Financial) Regulations 2000
  10. 10Amendments to the Community Legal Service (Financial) Regulations 2000
  11. 11Amendments to the Community Legal Service (Financial) Regulations 2000
  12. 12Amendments to the Community Legal Service (Financial) Regulations 2000
  13. Signature
  14. Explanatory note

1Citation, commencement and interpretation

These Regulations may be cited as the Community Legal Service (Financial) (Amendment) Regulations 2008 and come into force on 7th April 2008.

2Citation, commencement and interpretation

In these Regulations—

(a)

a reference to a regulation by number alone is a reference to the regulation so numbered in the Community Legal Service (Financial) Regulations 2000f1; and

(b)

words and expressions used in these Regulations have the same meaning as in those Regulations.

3Transitional provisions

These Regulations apply to applications made on or after 7th April 2008 and to further assessments under regulation 15 made on or after 7th April 2008; applications and further assessments made before that date shall be treated as if these Regulations had not been made.

4Amendments to the Community Legal Service (Financial) Regulations 2000

For regulation 3(1)(ca), substitute—

“(ca)

Family Help (Lower) applied for by—

(i)

a parent of a child, or a person with parental responsibility for a child within the meaning of the Children Act 1989f1 in respect of whom a Local Authority has given notice of potential proceedings under section 31 of that Act, or

(ii)

in the case of an unborn child in respect of whom a Local Authority has given notice of potential proceedings under section 31 of the Children Act 1989, any person who, following the birth of the child—

(aa)

will be the mother or father of the child, and

(bb)

will have parental responsibility for the child within the meaning of the Children Act 1989.”

5Amendments to the Community Legal Service (Financial) Regulations 2000

In regulation 5, in both places where it appears, for “£672” substitute “£698”.

6Amendments to the Community Legal Service (Financial) Regulations 2000

In regulation 5A—

(a)

in paragraph (4), for “£2,435” substitute “£2,530”;

(b)

in paragraph (5), for “£205” substitute “£211”.

7Amendments to the Community Legal Service (Financial) Regulations 2000

In regulation 6, after “application” insert “, or a further assessment under regulation 15,”.

8Amendments to the Community Legal Service (Financial) Regulations 2000

After regulation 15(1) insert—

“(1A)

Where—

(a)

the person concerned was assessed as being eligible for legal services under regulation 4(2) or (3), and

(b)

it appears to the assessing authority that the person concerned is no longer directly or indirectly in receipt of a benefit or support referred to in that regulation;

the assessing authority shall, subject to paragraph (6), make a further assessment of the person’s resources and contribution (if any) in accordance with these Regulations.”

9Amendments to the Community Legal Service (Financial) Regulations 2000

In regulation 15(6), after “paragraph (1)”, insert “or (1A)”.

10Amendments to the Community Legal Service (Financial) Regulations 2000

In regulation 35—

(a)

in paragraph (1)(c) and the table, for “289” substitute “300”;

(b)

in paragraph (1)(c), for “38(2)(a)” substitute “38(2)(b)”.

11Amendments to the Community Legal Service (Financial) Regulations 2000

In regulation 38—

(a)

in paragraph (2)(b), for “£289” substitute “£300”;

(b)

in paragraph (2)(b)(i), for “£285 and £426” substitute “£296 and £443”;

(c)

in paragraph (2)(b)(ii), for “£427 and £565” substitute “£444 and £587”.

12Amendments to the Community Legal Service (Financial) Regulations 2000

In regulation 43, after paragraph (4A)(a), insert—

“(aa)

will include disbursements;”.

Signature

Signed on the authority of the Lord Chancellor

Hunt

Parliamentary Under Secretary of State

Ministry of Justice

7th March 2008

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Community Legal Service (Financial) Regulations 2000 which govern the financial aspects of the provision of services funded by the Legal Services Commission in civil and family matters.

Regulation 4 extends the category of persons to whom certain services are available without reference to their financial resources to include expectant parents in certain circumstances.

Regulations 5, 6, 10 and 11 increase the financial eligibility limits for monthly and disposable income.

Regulations 7 to 9 enable the assessing authority to carry out a further assessment where it appears that the client is no longer in receipt of one of the benefits specified in regulation 4(2) and(3) of the Community Legal Service (Financial) Regulations 2000, and require clients to provide necessary information to the assessing authority for the purpose of the further assessment.

Regulation 12 amends the method of calculating the statutory charge in exceptional family help cases.

A full regulatory impact assessment has not been made for this instrument, as it has no significant impact on the costs of businesses, charities or voluntary bodies.