The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) (Amendment) Regulations 2013

• Citation: S.I. 2013/621
• Sections: 4

Section 1 Citation, commencement and interpretation

These Regulations may be cited as the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) (Amendment) Regulations 2013 and come into force on 1st April 2013.

Section 2 Citation, commencement and interpretation

In these Regulations, “the 2013 Regulations ” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 .

Section 3 Amendment of the 2013 Regulations

After regulation 9 of the 2013 Regulations, insert—

Costs

(9A)

(1) This regulation applies if a legally aided party has received in a pre-commencement case funded services made available under the Community Legal Service in connection with relevant proceedings.

(2) Where this regulation applies, the Civil Legal Aid (Costs) Regulations 2013 must be applied with the following modifications—

(a) in regulation 7 (cost protection in relation to legal help, help with family mediation or family help (lower)), the references to legal help and family help (lower) include the following levels of service—

(i) Legal Help; and

(ii) Family Help (Lower);

(b) in regulation 8(1) (periods during which cost protection applies), the reference to civil legal services includes funded services (other than Help at Court) made available under the Community Legal Service; and

(c) in regulation 10(4) (costs order against the Lord Chancellor), the references to civil legal services include funded services made available under the Community Legal Service.

(3) In paragraph (1), “legally aided party” and “relevant proceedings” have the same meaning as in the Civil Legal Aid (Costs) Regulations 2013.

Section 4 Amendment of the 2013 Regulations

After paragraph 25 of Schedule 2 to the 2013 Regulations, insert—

Amendment of the Damages-Based Agreements Regulations 2013

(26) In regulation 5(2)(c)(i) of the Damages-Based Agreements Regulations 2013 (information required to be given before an agreement is made in an employment matter), for “the Community Legal Service” substitute “arrangements made for the purposes of Part 1 (legal aid) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.