The Community Legal Service (Financial) (Amendment No.3) Regulations 2005

• Citation: S.I. 2005/1793
• Sections: 13

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Community Legal Service (Financial) (Amendment No.3) Regulations 2005 and shall come into force on 25th July 2005.

(2) In these Regulations—

(a) a reference to a regulation by number alone is a reference to the regulation so numbered in the Community Legal Service (Financial) Regulations 2000 ; and

(b) words and expressions have the same meaning as in those Regulations.

Section 2 Amendments to the Community Legal Service (Financial) Regulations 2000

Omit regulation 2(3)(g) and (h) (Interpretation).

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

For regulation 3(1)(d) (Financial eligibility) after “ Representation” insert “, applied for by or on behalf of any of the parties referred to in subparagraph (c),”.

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

For regulation 3(1)(g)(iv) substitute—

(iv) applies for either the registration of or the registration and enforcement of a judgment under Council Regulation ( EC ) No 2201/2003 of 27 November 2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility

Section 5 Amendments to the Community Legal Service (Financial) Regulations 2000

In regulation 5(6) omit “and Support Funding”.

Section 6 Amendments to the Community Legal Service (Financial) Regulations 2000

In regulation 5B(2)(a) omit “or Support Funding”.

Section 7 Amendments to the Community Legal Service (Financial) Regulations 2000

(1) In regulation 5C(1), for “legal representation to provide advocacy at an inquest” substitute “services in relation to an inquest”.

(2) In regulation 5C(2), after “regulations” insert “5(3),”.

Section 8 Amendments to the Community Legal Service (Financial) Regulations 2000

(1) In regulation 38(8) (Contributions) omit “or Support Funding”.

(2) For regulation 38(8A) substitute—

(8A) Paragraph (9) also applies where the Commission funds services in relation to an inquest into the death of a member of the immediate family of the client.

Section 9 Amendments to the Community Legal Service (Financial) Regulations 2000

In regulation 43(2)(b)(ii) omit “, including that proportion of any success fee payable by a client in receipt of Litigation Support which he has agreed should be payable to the Commission under the terms of a conditional fee agreement”.

Section 10 Amendments to the Community Legal Service (Financial) Regulations 2000

In regulation 47(2)(a) (Waiver of charge in case of wider public interest) omit “or Support Funding”.

Section 11 Amendments to the Community Legal Service (Financial) Regulations 2000

In regulation 52(1) for “The Commission” substitute “Where the condition in regulation 52A is satisfied the Commission” and omit “(but only where)”.

Section 12 Amendments to the Community Legal Service (Financial) Regulations 2000

After regulation 52 insert—

(52A) The Commission may only postpone enforcement of the statutory charge if it appears to the Commission that it would be unreasonable for the client to repay the amount of the charge.

(52B)

(1) The Commission may review any decision to postpone enforcement of the charge at any time and, unless it appears to the Commission that it would be unreasonable for the client to repay the amount of the charge which has been postponed, it shall either—

(i) proceed to enforce the charge; or

(ii) where the conditions in regulation 52(1) (a) to (c) are satisfied continue to postpone enforcement of the charge, in which case the provisions of regulation 52(3) shall also continue to apply.

(2) If the Commission continues to postpone enforcement under paragraph (1) (ii) it may do so on such terms or conditions as to repayment of the amount of the charge by way of interim payments of either capital or interest or both, or otherwise, as appear to the Commission to be appropriate.

Section 13 Transitional provisions

(1) Regulations 2, 5, 6 and 8(1) of these Regulations shall not apply to certificates for Support Funding granted before 25th July 2005; and in relation to those certificates the Community Legal Service (Financial) Regulations 2000 shall continue to have effect as if regulations 2, 5, 6 and 8(1) of these Regulations had not been made.

(2) Regulation 4 of these Regulations shall only apply to applications for the registration of or for the registration and enforcement of judgments under Council Regulation (EC) No 2201/2003 of 27 November 2003 received on or after 25th July 2005; and in relation to any applications for registration of a judgment under Council Regulation (EC) No1347/2000 of 29 May 2000 the Community Legal Service (Financial) Regulations 2000 shall continue to have effect as if that Regulation had not been made.

(3) Regulations 9 and 10 of these Regulations shall apply to statutory charges created on or after 25th July 2005; and in relation to charges created before that date the Community Legal Service (Financial) Regulations 2000 shall continue to have effect as if regulations 9 and 10 of these Regulations had not been made.