# The Civil Legal Aid (Merits Criteria) Regulations 2012, Regulation 52: Criteria for determinations for full representation in relation to mental capacity proceedings


(1) For the purposes of a relevant determination the criteria in—
(a) regulation 39 (standard criteria for determinations for legal representation) and regulations 41(a) and (b), 42 and 43 (criteria for determinations for full representation) apply;
(b) regulations 41(c) and 44 (multi-party action damages criterion) do not apply; and
(c) paragraph (2) apply.
(2) The Director must be satisfied that—
(a) the Court of Protection has ordered, or is likely to order, an oral hearing; and
(b) it is necessary for the individual to be provided with full representation in the proceedings.
(3) In this regulation, a relevant determination is a determination for full representation in relation to any matter described in paragraph 5(1)(c) of Part 1 of Schedule 1 to the Act (mental capacity) in proceedings before the Court of Protection to the extent that they relate to—
(a) a person’s right to life;
(b) a person’s liberty or physical safety;
(c) a person’s medical treatment (within the meaning of the Mental Health Act 1983);
(d) a person’s capacity to marry, to enter into a civil partnership or to enter into sexual relations; or
(e) a person’s right to family life.

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Source: https://www.legislation.gov.uk/ukdsi/2012/9780111530016/regulation/52 (the official version)
Page: https://openlegislation.uk/draft-civil-legal-aid-merits-criteria-regulations-2012/regulation-52
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.