The Civil Legal Aid (Procedure) (Amendment) (No. 2) Regulations 2016

• Citation: S.I. 2016/561
• Sections: 3

Section 1 Citation and commencement

These regulations may be cited as the Civil Legal Aid (Procedure) (Amendment) (No. 2) Regulations 2016 and come into force on 30th May 2016.

Section 2 Amendments to the Civil Legal Aid (Procedure) Regulations 2012

(1) The Civil Legal Aid (Procedure) Regulations 2012 are amended as follows.

(2) In the table of contents, after the entry for regulation 61, insert “61A. Determinations relating to Mediation Information and Assessment meetings”.

(3) After regulation 61, insert—

Determinations relating to Mediation Information and Assessment meetings

(61A)

(1) A determination that an individual “A” qualifies for the form of civil legal services described in regulation 5(1)(ga) of the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 (such family mediation as is a Mediation Information and Assessment meeting) may specify that the determination is to be treated as having effect from a date earlier than the date of determination where—

(a) those civil legal services were provided to A before the date of the determination, and

(b) after those civil legal services were provided to A, the Director made a determination that the financial resources of another individual who is a party to that Mediation Information and Assessment meeting (“B”) are such that B is eligible, for that meeting, for such family mediation as is a Mediation Information and Assessment meeting.

(2) In this regulation—

“Mediation Information and Assessment meeting” means an assessment by a mediator of whether, in light of all the circumstances, a case is suitable for mediation;

“mediator” means a mediator with whom the Lord Chancellor has made an arrangement under section 2(1) of the Act (arrangements).

Section 3 Transitional provision

The amendment made by regulation 2(3) does not apply to a determination that an individual qualifies for civil legal services provided to that individual on or before 30th May 2016.