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Statutory Instruments

2012 No. 2683

Legal Aid And Advice, England And Wales

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

Made

25th October 2012

Laid before Parliament

29th October 2012

Coming into force

1st April 2013

The Lord Chancellor makes the following Regulations in exercise of the powers conferred by section 41(1) and (2) of and paragraph 30(3) of Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012(1).

Citation, commencement and interpretationI1,I2

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

case2. In these Regulations—

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

“child” means—

(a)

an individual who is under the age of 18; or

(b)

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;

[F1 “ removal centre ” means a removal centre as defined in section 147 of the Immigration and Asylum Act 1999 F1]

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

Cases considering this provision (1)

Attendance at immigration interviews: childrenI3

case3. The civil legal services described in paragraph 30(1) of Part 1 of Schedule 1 to the Act include attendance at an immigration interview[F2 (including a screening interview)F2] in any case in which the individual to whom the civil legal services are provided is a child at the time of that interview.

Cases considering this provision (1)

Attendance at immigration interviews: individuals who are not childrenI4

case4. 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—

[F3 (i)is detained at a removal centre; orF3]

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

(b)the interview is not a screening interview.

Signed by the authority of the Lord Chancellor

McNally

Minister of State

25th October 2012

Ministry of Justice

Cases considering this provision (1)
Status: There are currently no known outstanding effects for The Civil Legal Aid (Immigration Interviews) (Exceptions) Regulations 2012.
The Civil Legal Aid (Immigration Interviews) (Exceptions) Regulations 2012 (2012/2683)
Version from: 1 April 2023

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