The Community Legal Service (Financial) (Amendment No. 2) Regulations 2010

• Citation: S.I. 2010/818
• Sections: 4

Section 1 Citation, commencement and application

(1) These Regulations may be cited as the Community Legal Service (Financial) (Amendment No. 2) Regulations 2010 and come into force on 18th March 2010.

(2) These Regulations apply to applications to receive funded services made on or after 18th March 2010.

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

The Community Legal Service (Financial) Regulations 2000 are amended as follows.

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

For regulation 5C substitute—

Waiver of eligibility limits in inquests

(5C)

(1) Where—

(a) an application is made for the funding of services in relation to an inquest into the death of a member of the immediate family of the client; and

(b) the application falls within the scope of the Lord Chancellor’s Authorisation,

the Commission may, if it considers it equitable to do so, disapply the eligibility limits in regulations 5 and 5A in respect of the application.

(2) Where—

(a) an application is made for the funding of services in relation to an inquest; and

(b) the application falls outside the scope of the Lord Chancellor’s Authorisation,

the Commission may, if it considers it equitable to do so, request the Lord Chancellor to disapply the eligibility limits in regulations 5 and 5A in respect of the application.

(3) In considering whether to disapply those eligibility limits or to request the Lord Chancellor to do so, the Commission shall have regard in particular to any applicable rights under Article 2 of the Human Rights Convention.

(4) On receipt of a request under paragraph (2) the Lord Chancellor may, if he considers it equitable to do so, disapply the eligibility limits in regulations 5 and 5A in respect of the application.

(5) In paragraph (3) “the Human Rights Convention” has the meaning given to “the Convention” by section 21(1) of the Human Rights Act 1998 .

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

In regulation 38(10) omit “into the death of a member of the immediate family of the client”.