Citation, commencement and interpretation

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

2. In these Regulations—

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

“child” means—

“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.

Attendance at immigration interviews: children

3. 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.

Attendance at immigration interviews: individuals who are not children

4. 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( 2 ); or

(ii) lacks capacity within the meaning of section 2 of the Mental Capacity Act 2005( 3 ); and

(b) the interview is not a screening interview.