# The Criminal Legal Aid (General) Regulations 2013, Regulation 23: Determinations

Extent: E+W

(1) When the Director makes a determination under section 16 of the Act that an individual qualifies for representation for the purposes of criminal proceedings, the Director must—
(a) issue a representation order recording that determination; and
(b) send a copy of the representation order to the individual and any provider named in the representation order (except the provider who, acting under an authorisation on behalf of the Director, made the determination)
(2) Subject to paragraph (2A), a representation order issued by the Director—
(a) must record the date from which the determination is to be treated as having effect; and
(b) may specify that the determination is to be treated as having effect from a date which is no later than the date on which the application was received.
(2A) Where a representation order is issued by a provider, acting under an authorisation on behalf of the Director, it must specify that the determination is to be treated as having effect from the date on which the determination was made by the provider.
(3) Where the Director makes a determination under section 16 of the Act that an individual does not qualify for representation for the purposes of criminal proceedings, the Director must provide to that individual—
(a) written reasons for the making of such a determination; and
(b) details of any review or appeal available to that individual in respect of the determination.
(4) A determination which is made in relation to an individual in any criminal proceedings includes representation in any incidental proceedings.

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Source: https://www.legislation.gov.uk/uksi/2013/9/regulation/23 (the official version)
Page: https://openlegislation.uk/criminal-legal-aid-general-regulations-2013/regulation-23
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.