Regulation 8 Amendments to the Legal Advice and Assistance Regulations 1989

Regulation 32 shall stand as paragraph (1) of regulation 32 and there shall be inserted at the end of that paragraph “or in relation to the cost of giving mediation-related advice or assistance”.

After regulation 32(1) there shall be inserted:

“(2)

In this regulation–

• “mediation-related advice or assistance” means advice or assistance where:

  1. (a)

     the advice or assistance is given to a person who is a party to mediation in a dispute relating to family matters;

  2. (b)

     the subject matter of the advice or assistance forms all or part of the subject matter of the mediation; and

  3. (c)

     at the time when the advice or assistance was given, the mediation has not come to an end as regards the subject matter of the advice or assistance, provided that for the purposes of this sub-paragraph mediation, as regards any matter, shall not be taken to have come to an end by reason of the parties having reached agreement, unless and until the terms of that agreement are made binding on the parties, by way of a binding agreement, a consent order, or otherwise;

• “family matters” has the meaning given in section 13A(2) of the Act^f1;

• “mediation” has the meaning given in section 2(3A) of the Act^f2.”.