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The Community Legal Service (Financial)(Amendment) Regulations 2003

S.I. 2003/650 · Made 5 March 2003

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 2003

Laid before Parliament 11th March 2003

Coming into force in accordance with regulation 1

The Lord Chancellor, in exercise of the powers conferred upon him by sections 7 and 10 of the Access to Justice Act 1999f1, makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1999 c. 22.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Amendments to the Community Legal Service (Financial) Regulations 2000
  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 and commencement

These Regulations may be cited as the Community Legal Service (Financial) (Amendment) Regulations 2003 and shall come into force—

(a)

for the purposes of regulation 4 of these Regulations, on the day section 2 of the State Pension Credit Act 2002f1 (Guarantee credit) comes into force for all purposesf2;

(b)

for all other purposes, on 7th April 2003.

2Interpretation

In these Regulations, except where the context requires otherwise, reference to a regulation by number alone means the regulation so numbered in the Community Legal Service (Financial) Regulations 2000f1.

3Amendments to the Community Legal Service (Financial) Regulations 2000

In regulation 2(1), after the definition of “funded services”, insert—

  • ““Multi-Party Action” means any action or actions, in which a number of clients have causes of action, which involve common issues of fact or law arising out of the same cause or event;”.

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

In regulation 4(2), for “income-based jobseeker’s allowance”, substitute—

  • “, income-based jobseeker’s allowance or guarantee state pension credit (under section 1(3)(a) of the State Pension Credit Act 2002f1),”.

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

(1)

In regulation 5(2), for “£611” substitute “£621”;

(2)

In regulation 5(3), for “£695” substitute “£707”;

(3)

In regulation 5(5), for “£695” substitute “£707”;

(4)

In regulation 5(6), for “£695” substitute “£707”.

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

In regulation 5A(4), for “£2,250” substitute “£2,288”.

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

In regulation 5B—

(a)

omit paragraph (1);

(b)

for paragraph (2)(b), substitute—

“(b)

the Commission considers it cost-effective to fund those services only in relation to specific issues within the Multi-Party Action.”.

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

In regulation 38(2)(a)—

(a)

for “£263” substitute “£267”;

(b)

in paragraph (i), for “£259” substitute “£263”, and for “£386” substitute “£393”;

(c)

in paragraph (ii), for “£387” substitute “£394”, and for “£513” substitute “£522”.

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

For regulation 38(8), substitute—

“(8)

Paragraph (9) applies where the Commission funds Legal Representation or Support Funding in proceedings which it considers to have a significant wider public interest and either:

(a)

the Commission considers it cost-effective to fund those services for a specified claimant or claimants, but not for other claimants or potential claimants who might benefit from the litigation; or

(b)

the Commission is funding those services in a Multi-Party Action and it considers it cost-effective to fund those services only in relation to specific issues within that action.”.

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

In regulation 43—

(a)

in paragraph (1), for “(3) and (4)” substitute “(3), (4) and (5)”;

(b)

after paragraph (4), insert—

“(5)

Where Legal Help is provided as part of the family advice and information networks pilot, the amount of the statutory charge shall not exceed the sum which would have been expended by the Commission, had the Legal Help been provided otherwise than as a part of that pilot.”.

Signature

Signed by authority of the Lord Chancellor

Scotland of Asthal, QC

Parliamentary Secretary

Lord Chancellor’s Department

5th March 2003

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Community Legal Service (Financial) Regulations 2000 (S.I. 2000/516) (“the 2000 Regulations”).

Regulation 4 makes provision for persons in receipt of a guarantee state pension credit under the State Pension Credit Act 2002 (c. 16) to be taken as automatically satisfying the financial eligibility determination under regulation 4 of the 2000 Regulations.

Regulations 5, 6 and 8 amend the income limits for the purposes of determining eligibility for services provided by the Legal Services Commission as part of the Community Legal Service.

Regulation 7 amends regulation 5B of the 2000 Regulations so that the Commission may waive eligibility limits in relation to specific issues in multi-party actions. Regulation 9 amends regulation 38(8) of 2000 Regulations so that as well as test cases, the Commission may waive contributions in respect of specific issues in multi-party actions.

Regulation 10 makes an amendment to provide that where Legal Help is given as part of the family advice and information networks pilot, a funded party’s liability is limited to the charge which would have been incurred under the Legal Help remuneration, and is not affected by any increased remuneration which may be applicable under that pilot.