The Civil Legal Aid (Immigration Interviews) (Exceptions) Regulations 2012

• Citation: S.I. 2012/2683
• Sections: 4

Section 1 Citation, commencement and interpretation

These Regulations may be cited as the Civil Legal Aid (Immigration Interviews) (Exceptions) Regulations 2012 and come into force on 1st April 2013.

Section 2 Citation, commencement and interpretation

In these Regulations—

“ the Act ” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012;

“child” means—

an individual who is under the age of 18; or

an individual whose age is uncertain and who, at an immigration interview, is being treated by the Secretary of State as being under the age of 18;

“immigration interview” means an interview described in paragraph 30(3) of Part 1 of Schedule 1 to the Act;

“screening interview” means the first immigration interview in respect of the claim.

Section 3 Attendance at immigration interviews: children

The civil legal services described in paragraph 30(1) of Part 1 of Schedule 1 to the Act include attendance at an immigration interview in any case in which the individual to whom the civil legal services are provided is a child at the time of that interview.

Section 4 Attendance at immigration interviews: individuals who are not children

The civil legal services described in paragraph 30(1) of Part 1 of Schedule 1 to the Act include attendance at an immigration interview in which the individual to whom the civil legal services are provided is not a child where—

(a) the individual—

(i) is detained in a place of detention specified in Schedule 2 to the Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005 ; or

(ii) lacks capacity within the meaning of section 2 of the Mental Capacity Act 2005 ; and

(b) the interview is not a screening interview.