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The Legal Aid (Information about Financial Resources) (Amendment) Regulations 2014

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2014, ISBN 9780111108574

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.

Draft Regulations laid before Parliament under section 41(6) and (7)(h) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, for approval by resolution of each House of Parliament.

Legal Aid And Advice, England And Wales

Made [ ] 2014

Coming into force in accordance with regulation 1

The Lord Chancellor makes the following Regulationsf1 in exercise of the powers conferred by section 22(8)f2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012f3.

In accordance with section 41(6) and (7)(h) of that Act, a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

Section 42(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) provides that in Part 1 of that Act “regulations” means regulations made by the Lord Chancellor.

f2

Section 22(8) includes a definition of “benefit status”. This means, in relation to an individual, whether or not the individual is in receipt of a prescribed benefit. Section 42(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) provides that in Part 1 of that Act “prescribed” means prescribed by regulations.

f3

2012 c. 10.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Legal Aid (Information about Financial Resources) Regulations 2013
  3. Signature
  4. Explanatory note

1Citation and commencement

These Regulations may be cited as the Legal Aid (Information about Financial Resources) (Amendment) Regulations 2014 and come into force on the day after the day on which they are made.

2Amendment of the Legal Aid (Information about Financial Resources) Regulations 2013

In the Schedule to the Legal Aid (Information about Financial Resources) Regulations 2013f1, after paragraph 5 insert—

“5A.

Maternity allowance payable under section 35B of the 1992 Actf2 or section 35B of the 1992 (Northern Ireland) Actf3.”.

Signature

Parliamentary Under Secretary of State

Ministry of Justice

Date

Explanatory note

(This note is not part of the Regulations)

Section 22 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) (“the Act”) provides that the relevant authority (in practice, the Director of Legal Aid Casework) may make an information request to the Secretary of State, a relevant Northern Ireland Department (defined in section 22(8) of the Act as the Department for Social Development in Northern Ireland or the Department of Finance and Personnel in Northern Ireland) or the Commissioners for Her Majesty’s Revenue and Customs for the purposes of facilitating a determination about an individual’s financial resources for the purpose of legal aid available under Part 1 of the Act.

A request for information under section 22 can include a request for certain information about prescribed benefits. The prescribed benefits are prescribed in regulations 5, 6 and 7 of, and the Schedule to, the Legal Aid (Information about Financial Resources) Regulations 2013 (S.I. 2013/628). Regulation 2 of these Regulations adds to the list of prescribed benefits in the Schedule to the Legal Aid (Information about Financial Resources) Regulations 2013 maternity allowance payable under section 35B of the Social Security Contributions and Benefits Act 1992 (c. 4) or section 35B of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7). An impact assessment has not been produced for this instrument has it has no impact on businesses and civil society organisations.