Regulation 26 WithdrawalI1
England and Wales
The Director must withdraw a determination under section 16 of the Act if the Director is satisfied that the interests of justice no longer require representation.
The Director may withdraw a determination where—
the individual declines to accept the determination in the terms which are offered;
the individual requests that the determination is withdrawn; or
the provider named in the representation order which recorded the original determination declines to continue to represent the individual.
Where the Director withdraws a determination, the Director must provide written notification of the withdrawal to—
the individual in whose favour the original determination was made;
any provider named in the representation order which records the determination F1(except a provider who, acting under an authorisation on behalf of the Director, has withdrawn the determination); and
any advocate instructed in proceedings F2(except any such advocate who is the provider who, acting under an authorisation on behalf of the Director, has withdrawn the determination).
In this regulation “advocate” means a person who is an authorised person for the purposes of section 18 of the Legal Services Act 2007f1 in relation to the exercise of a right of audience.
Annotations
Textual amendments
- F1
Words in reg. 26(3)(b) inserted (27.6.2025) by The Criminal and Civil Legal Aid (Amendment) Regulations 2025 (S.I. 2025/750), regs. 1(1), 4(4)(a) (with reg. 6)
- F2
Words in reg. 26(3)(c) inserted (27.6.2025) by The Criminal and Civil Legal Aid (Amendment) Regulations 2025 (S.I. 2025/750), regs. 1(1), 4(4)(b) (with reg. 6)
Commencement
Footnotes
- f1