# The Civil Legal Aid (Merits Criteria) Regulations 2012, Regulation 69: Criteria for determinations for full representation in relation to other family cases to which specific merits criteria apply


(1) For the purposes of a relevant determination the criteria in—
(a) regulations 39(a) to (e) (criteria for determinations for legal representation) apply;
(b) regulations 39(f), 41, 42 (cost benefit criteria), 43 (prospects of success criterion) and 44 (multi-party) do not apply; and
(c) paragraphs (2) and (3) apply.
(2) The Director must be satisfied that—
(a) the reasonable private paying individual test is met; and
(b) the criterion in paragraph (3) is met.
(3) The Director must be satisfied that the prospects of success of the case are—
(a) very good, good or moderate; or
(b) unclear or borderline, and—
(i) the case is one of significant wider public interest;
(ii) the case is one with overwhelming importance to the individual; or
(iii) the substance of the case relates to a breach of Convention rights.
(4) In this regulation, a relevant determination is—
(a) a determination for full representation in relation to any matter described in paragraph 12 of Part 1 of Schedule 1 to the Act (victims of domestic violence and family matters) to the extent that it does not relate—
(i) to Part 1 or 3 of the Family Law Act 1986 (child custody and declarations of status);
(ii) subject to sub-paragraph (b), to any provision of Part 1 or 2 of the Children Act 1989 (orders with respect to children in family proceedings);
(b) a determination for full representation in relation to any matter described in paragraph 12 of Part 1 of Schedule 1 to the Act (victims of domestic violence and family matters) to the extent that it relates an order made under section 15 of, and Schedule 1 to, the Children Act 1989;
(c) a determination for full representation in relation to any matter described in paragraph 18(2) of Part 1 of Schedule 1 to the Act (applications in relation to maintenance decisions), to the extent that regulations 11(9)(b) or 70 do not apply; or
(d) any matter described in paragraph 18(3A) of Part 1 of Schedule 1 to the Act (applications under Article 10 of the 2007 Hague Convention), to the extent that article 17(a) of the 2007 Hague Convention applies.

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Source: https://www.legislation.gov.uk/ukdsi/2012/9780111530016/regulation/69 (the official version)
Page: https://openlegislation.uk/draft-civil-legal-aid-merits-criteria-regulations-2012/regulation-69
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.