The Community Legal Service (Financial) (Amendment No.2) Regulations 2006

• Citation: S.I. 2006/2363
• Sections: 6

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Community Legal Service (Financial) (Amendment No.2) Regulations 2006 and come into force on 2nd October 2006.

(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 used in these Regulations have the same meaning as in the Community Legal Service (Financial) Regulations 2000.

Section 2 Transitional Provisions

These Regulations apply to applications for funded services, and further assessments under regulation 15, made on or after 2nd October 2006, and applications and further assessments made before that date shall be treated as if these Regulations had not been made.

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

In regulation 2—

(a) In the definition of “family proceedings”—

(i) after “Children Act 2002” delete “and”;

(ii) after “Children Act 2002” insert —

(gb) the Civil Partnership Act 2004; and

(b) after the definition of “funded services” insert—

“immigration matter” means any relevant matter as defined in section 82 of the Immigration and Asylum Act 1999;

(c) after the definition of “the Independent Living (1993) Fund” insert—

“the Lord Chancellor’s Authorisation” means the Lord Chancellor’s Authorisation on funding for representation at inquests issued in November 2001 under section 6(8)(b) of the Act, as amended from time to time;

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

In regulation 4(3)—

(a) after “provided under section” insert—

4 or

(b) for the words after “eligible for” substitute —

(a) Legal Help in relation to an asylum claim or immigration matter;

(b) Help at Court and Legal Representation before—

(i) the Asylum and Immigration Tribunal; and

(ii) the High Court in respect of an application under section 103A of the Nationality, Immigration and Asylum Act 2002.

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

In regulation 5C—

(a) for paragraph (2) substitute—

(2) Where this regulation applies—

(a) the Commission may, if it considers it equitable to do so, request the Lord Chancellor to disapply the eligibility limits in regulations 5(3), 5(6) and 5A in respect of an application for funding which falls outside the scope of the Lord Chancellor’s Authorisation;

(b) the Commission may, if it considers it equitable to do so, disapply the eligibility limits in regulations 5(3), 5(6) and 5A in respect of an application for funding which falls within the scope of the Lord Chancellor’s Authorisation

(b) in paragraph (3), after “request” insert “or waiver”;

(c) in paragraph (4)—

(i) for “paragraph (2) the Secretary of State” substitute “paragraph (2)(a) the Lord Chancellor”;

(ii) for “fit” substitute “it equitable”.

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

In regulation 38—

(a) in paragraph (9), after “regulation” insert “, except where paragraph (10) applies.”;

(b) after paragraph (9), add—

(10) Where under section 6(8)(b) of the Act the Lord Chancellor authorises the Commission to fund services in relation to an inquest into the death of a member of the immediate family of the client, the Lord Chancellor may, if he considers it equitable to do so, waive part or all of the contributions payable under this regulation.