The Civil Legal Aid (Immigration Interviews (Exceptions) and Remuneration) (Amendment) Regulations 2022

• Citation: S.I. 2022/1379
• Sections: 4

Section 1 Citation, commencement, interpretation and extent

(1) These Regulations may be cited as the Civil Legal Aid (Immigration Interviews (Exceptions) and Remuneration) (Amendment) Regulations 2022 and come into force on 1st April 2023.

(2) In these Regulations “ the Remuneration Regulations ” means the Civil Legal Aid (Remuneration) Regulations 2013 .

(3) These Regulations extend to England and Wales.

Section 2 Amendments to the Civil Legal Aid (Immigration Interviews) (Exceptions) Regulations 2012

(1) The Civil Legal Aid (Immigration Interviews) (Exceptions) Regulations 2012 are amended as follows.

(2) In regulation 2, in the appropriate place insert, ““ removal centre ” means a removal centre as defined in section 147 of the Immigration and Asylum Act 1999 ”

(3) In regulation 3 (attendance at immigration interviews: children), after “at an immigration interview” insert “(including a screening interview)” .

(4) For regulation 4(a)(i) (attendance at immigration interviews: individuals who are not children) substitute—

(i) is detained at a removal centre; or

Section 3 Amendments to regulation 5A of the Remuneration Regulations

In regulation 5A(3)(j) (remuneration for civil legal services: judicial review), after “the 2015 Standard Civil Contract,” insert “the 2016 Standard Civil Contract (Welfare Benefits),” .

Section 4 Amendments to Schedule 1 to the Remuneration Regulations

(1) Schedule 1 to the Remuneration Regulations (civil standard and graduated fees) is amended as follows.

(2) In the heading to Part 1 omit “and Graduated”.

(3) In paragraph 2A for “or the 2016 Standard Civil Contract (Welfare Benefits)”, substitute “, the 2016 Standard Civil Contract (Welfare Benefits) or the 2018 Standard Civil Contract.”

(4) After Table 4(a) (immigration and asylum standard fees) insert—

Table 4(aa): Immigration and Asylum Standard Fees – online system appeals

Immigration and Asylum: online procedure appeals

(5) In Table 4(b) (additional payment - UKBA interview), including its heading, for “UKBA” substitute “UKVI” in both places it occurs.

(6) After Table 4(b) insert—

Table 4(ba): Additional Payment – National Referral Mechanism

(7) In Table 4(d) (immigration removal centres standard fees (for exclusive schedule holders only)), in the third row of the first column omit “Fast Track”.

(8) In the heading to Table 7, for “2014 Standard Civil Contract (Welfare Benefits) and 2016 Standard Civil Contract (Welfare Benefits)”, substitute “Legal help or help at court in the Welfare Benefits Category of Law under the 2014 Standard Civil Contract (Welfare Benefits), 2016 Standard Civil Contract (Welfare Benefits) and the 2018 Standard Civil Contract” .

(9) Before Table 7(a) insert a new heading “Legal help, help at court and family help (lower)” .

(10) In the heading to Table 7(a) omit “Legal help, help at court and family help (lower)”.

(11) In the heading to Table 7(d) omit “hourly rates cases”.

(12) In Tables 8(c) and 8(ca), in the “Routine letters out and telephone calls” rows, for “per hour” substitute “per item” in both places it occurs.

(13) In Table 8(d)—

(a) in the first row of the “Activity” column, for “Preparation, Attendance and Advocacy”, substitute “Preparation and Attendance” ,

(b) in the fourth row “Advocacy”, under the London Rate and Non-London Rate columns, for “per item” substitute “per hour” in both places it occurs.

(14) In Table 10(a), in the fourth row “Attendance at court or conference with Counsel”, after “£33.30” insert “per hour” and after “£29.25” insert “per hour”