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The Community Legal Service (Financial) (Amendment) Regulations 2009

S.I. 2009/502 · Made 5 March 2009

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 5th March 2009

Laid before Parliament 9th March 2009

Coming into force in accordance with regulation 1

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 S.I. 2003/1887 and transferred back to the Lord Chancellor by 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. Signature
  12. Explanatory note

1Citation, commencement and interpretation

These Regulations may be cited as the Community Legal Service (Financial) (Amendment) Regulations 2009 and come into force—

(a)

as to regulations 1, 2, 4 and 5, on 1st April 2009;

(b)

as to regulations 3 and 6 to 10, on 6th April 2009.

2Citation, commencement and interpretation

Words and expressions used in these Regulations have the same meaning as in the Community Legal Service (Financial) Regulations 2000f1.

3Transitional provisions

Regulations 6, 7, 9 and 10 of these Regulations apply to applications made on or after 6th April 2009 and to further assessments under regulation 15 of the Community Legal Service (Financial) Regulations 2000 made on or after 6th April 2009; 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

The Community Legal Service (Financial) Regulations 2000 are amended as follows.

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

In regulation 3, after paragraph (1)(e) insert—

“(ea)

Legal Representation of a person in respect of whom an authorisation has been made under paragraph 2 of Schedule A1 to the Mental Capacity Act 2005f1, or of a representative of that person appointed as such in accordance with Part 10 of that Schedule, in proceedings in the Court of Protection under section 21A of that Act;”.

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

In regulation 5, in both places where it appears, for “£698” substitute “£733”.

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

In regulation 5A—

(a)

in paragraph (4), for “£2,530” substitute “£2,657”;

(b)

in paragraph (5), for “£211” substitute “£222”.

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

In regulation 20—

(a)

in paragraph (2)(a), for “paragraph 1(3)(c)” substitute “item (3)(d) of the table in paragraph 1”;

(b)

in paragraph (2)(a), for “paragraph 1(1)(e)” substitute “item (1)(e) of the table in paragraph 1”;

(c)

in paragraph (2)(b), in each place where it appears, for “paragraph 2(1)” substitute “the table in paragraph 2”.

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

In regulation 35, in paragraph (1)(c) and the table, for “300” substitute “315”.

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

In regulation 38—

(a)

in paragraph (2)(b), for “£300” substitute “£315”;

(b)

in paragraph (2)(b)(i), for “£296 and £443” substitute “£311 and £465”;

(c)

in paragraph (2)(b)(ii), for “£444 and £587” substitute “£466 and £616”.

Signature

Signed on the authority of the Lord Chancellor

Bach

Parliamentary Under Secretary of State

5th March 2009

Ministry of Justice

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 5 provides that legal representation in the Court of Protection in cases involving the deprivation of a person’s liberty under Schedule A1 to the Mental Capacity Act 2005 is to be provided irrespective of the financial resources of the client or the client’s representative. Regulations 6, 7, 9 and 10 increase the financial eligibility limits for monthly and disposable income. Regulation 8 makes minor corrections.

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.