Statutory Instruments
2013 No. 753
Legal Aid And Advice, England And Wales
The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2013
Made
27th March 2013
Laid before Parliament
28th March 2013
Coming into force
1st April 2013
The Lord Chancellor makes the following Regulations in exercise of the powers conferred by sections 21(2) and 41 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012( 1 ).
Citation and commencement
1. These Regulations may be cited as the Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2013 and come into force on 1st April 2013.
Amendments to the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013
2. —(1) The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013( 2 ) are amended as follows.
(2) In regulation 5 (exceptions from requirement to make a determination in respect of an individual’s financial resources)—
(a) in the opening words of paragraph (1), for “may be provided” substitute “are available”;
(b) after paragraph (1)(j) insert—
“ (ja) family help (higher) or legal representation in relation to any matter described in—
(i) paragraph 18(3A) ( 3 ) (applications under Article 10 of the 2007 Hague Convention ( 4 ) ) of Part 1 of Schedule 1 to the Act, where Article 17(b) of the 2007 Hague Convention applies; or
(ii) paragraph 18(3B) ( 5 ) (proceedings to which Article 17(b) of the 2007 Hague Convention is applied) of Part 1 of Schedule 1 to the Act; ” ;
(c) in paragraph (1)(k)(ii), delete “and”; and
(d) after paragraph (1)(k) insert—
“ (ka) legal help, family help (lower), family help (higher) and legal representation in relation to any matter described in paragraph 18(3A) (applications under Article 10 of the 2007 Hague Convention) of Part 1 of Schedule 1 to the Act where the matter is an application made by a creditor under the 2007 Hague Convention concerning maintenance obligations arising from a parent-child relationship towards a person under the age of 21; and ” .
Signed by authority of the Lord Chancellor
McNally
Minister of State
Ministry of Justice
27th March 2013
2012 c. 10 . Section 42(1) of the Act provides that in Part 1 of the Act “regulations” means regulations made by the Lord Chancellor.
Paragraph 18(3A) was inserted by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2013 ( S.I. 2013/748 ).
The 2007 Hague Convention is defined in paragraph 18(5) of Part 1 of Schedule 1 to the Act (as inserted by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2013 ( S.I. 2013/748 )) to mean the Convention on the international recovery of child support and other forms of family maintenance concluded at The Hague on 23 November 2007 (OJ No L 192, 22.7.11, p 51-70).
Paragraph 18(3B) was inserted by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2013 ( S.I. 2013/748 ).