The Community Legal Service (Financial) (Amendment No. 2) Regulations 2011

• Citation: S.I. 2011/2971
• Sections: 5

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Community Legal Service (Financial) (Amendment No. 2) Regulations 2011.

(2) This regulation and regulations 2 and 3 come into force on 15th December 2011.

(3) Regulations 4 and 5 come into force on 26th January 2012.

(4) In these Regulations—

“the 2000 Regulations ” means the Community Legal Service (Financial) Regulations 2000 ;

“TPIM notice” has the meaning given in section 2(1) of the Terrorism Prevention and Investigation Measures Act 2011 ;

“TPIM proceedings” are the proceedings listed at (b) to (g) of the definition of “TPIM proceedings” given in section 30(1) of the Terrorism Prevention and Investigation Measures Act 2011.

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

The 2000 Regulations are amended as follows.

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

In regulation 3—

(a) in paragraph (1)(i), after “proceedings” insert—

;

(j) services consisting of—

(i) Legal Help or Legal Representation for a person who is the subject of an application for permission under section 6 of the Terrorism Prevention and Investigation Measures Act 2011, in respect of such an application;

(ii) Legal Help for advice in connection with a TPIM notice for a person who is subject to that notice;

(iii) Legal Help for a person who is subject to a TPIM notice, in respect of an application—

(aa) to vary measures specified in that notice under section 12(2) of the Terrorism Prevention and Investigation Measures Act 2011;

(bb) for revocation of that notice in accordance with section 13(3) of the Terrorism Prevention and Investigation Measures Act 2011; or

(cc) for permission under Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011; or

(iv) Legal Representation in respect of TPIM proceedings for a person who is subject to a TPIM notice

(b) in paragraph (2), after “Denmark” in the definition of “Maintenance Regulation” insert—

;

“TPIM notice” has the meaning given in section 2(1) of the Terrorism Prevention and Investigation Measures Act 2011;

“TPIM proceedings” are the proceedings listed at (b) to (g) of the definition of “TPIM proceedings” given in section 30(1) of the Terrorism Prevention and Investigation Measures Act 2011

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

In regulation 3 of the 2000 Regulations omit—

(a) in paragraph (1), sub-paragraph (i); and

(b) in paragraph (2), the definitions of “control order” and “control order proceedings”.

Section 5 Savings for control order proceedings

Regulation 4 has no effect in relation to—

(a) the court’s consideration of a reference made under section 3(3)(a) of the Prevention of Terrorism Act 2005 ;

(b) the holding or continuation of any hearing in pursuance of directions made under section 3(2)(c) or (6)(b) or (c) of the Prevention of Terrorism Act 2005;

(c) the continuation of any appeal made under section 10(1) or (3) of the Prevention of Terrorism Act 2005; or

(d) the bringing or continuation of any appeal or further appeal relating to a decision in any proceedings mentioned in any of sub-paragraphs (a) to (c) of this regulation.