The Civil Legal Aid (General)(Amendment No.2) Regulations 2005

• Citation: S.I. 2005/1802
• Sections: 6

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Civil Legal Aid (General) (Amendment No.2) Regulations 2005 and shall come into force on 25th July 2005.

(2) In these Regulations—

(a) reference to a regulation by number alone means the regulation so numbered in the Civil Legal Aid (General) Regulations 1989 ; and

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

Section 2 Amendments to the Civil Legal Aid (General) Regulations 1989

In regulation 96(2) (Postponement of enforcement of charges over money) after “the Act” insert “and the condition in regulation 96A is satisfied”.

Section 3 Amendments to the Civil Legal Aid (General) Regulations 1989

After regulation 96 insert—

(96A) The Board may only defer enforcement of the charge created by section 16(6) of the Act if it appears to the Board that it would be unreasonable for the assisted person to repay the amount of the charge.

(96B)

(1) The Board may review any decision to defer enforcement of the charge created by section 16(6) of the Act at any time and, unless it appears to the Board that it would be unreasonable for the assisted person to repay the amount of the charge, it shall either—

(i) proceed to enforce the charge; or

(ii) where the conditions in regulations 96(1), 96(2) and (3) or 97(1) and (3) (as the case may be) are satisfied continue to defer enforcement of the charge, in which case the provisions of regulations 96(3)(b), or 97(4) relating to interest shall also continue to apply as appropriate.

(2) If the Board continues to defer enforcement under paragraph (1)(ii) it may also 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 Board to be appropriate.

Section 4 Amendments to the Civil Legal Aid (General) Regulations 1989

In regulation 97(3) (Postponement of enforcement of charges over land) after “referred to in paragraph (4)” insert “and the condition in regulation 96A is satisfied”.

Section 5 Amendments to the Civil Legal Aid (General) Regulations 1989

In regulation 97(5) after “the Act” insert “and the condition in regulation 96A is satisfied”.

Section 6 Amendments to the Civil Legal Aid (General) Regulations 1989

In regulation 99(1) (Payment and recovery of interest) for “Where” substitute “Subject to regulation 96B(2), where”.