The Community Legal Service (Financial) (Amendment No. 2) Regulations 2003

• Citation: S.I. 2003/2838
• Sections: 4

Section 1 Citation and commencement

These Regulations may be cited as the Community Legal Service (Financial) (Amendment No. 2) Regulations 2003 and shall come into force on 1st December 2003.

Section 2 Interpretation

In these Regulations a reference to a regulation by number alone means the regulation so numbered in the Community Legal Service (Financial) Regulations 2000 .

Section 3 Amendments to the Community Legal Service (Financial) Regulations 2000

After regulation 5B (Waiver of eligibility limit in Multi-Party Actions of wider public interest), insert—

Waiver of eligibility limit in certain inquests

(5C)

(1) This regulation applies to an application for the funding of legal representation to provide advocacy at an inquest into the death of a member of the immediate family of the client.

(2) Where this regulation applies, the Commission may, if it considers it equitable to do so, request the Secretary of State to disapply the eligibility limits in regulations 5(6) and 5A.

(3) In considering whether to make such a request, the Commission shall have regard in particular to any applicable Convention rights under Article 2 of Schedule 1 to the Human Rights Act 1998 .

(4) On receipt of a request under paragraph (2) the Secretary of State may, if he thinks fit, disapply the eligibility limits.

Section 4 Amendments to the Community Legal Service (Financial) Regulations 2000

In regulation 38, after paragraph (8), insert—

(8A) Paragraph (9) also applies where the eligibility limits have been disapplied under regulation 5C.