Statutory Instruments
2013 No. 754
Legal Aid And Advice, England And Wales
The Legal Aid (Financial Resources and Payment for Services) (Legal Persons) (Amendment) Regulations 2013
Made
27th March 2013
Laid before Parliament
28th March 2013
Coming into force
1st April 2013
Citation and commencement
1. These Regulations may be cited as the Legal Aid (Financial Resources and Payment for Services) (Legal Persons) (Amendment) Regulations 2013 and come into force on 1st April 2013.
Amendments to the Legal Aid (Financial Resources and Payment for Services) (Legal Persons) Regulations 2013
2. —(1)The Legal Aid (Financial Resources and Payment for Services) (Legal Persons) Regulations 2013( 3 ) are amended as follows.
(2) In regulation 10 (exceptions from requirement to make a determination in respect of a legal person’s financial resources)—
(a) after paragraph (c) insert—
“ (ca) family help (higher) or legal representation in relation to a matter which, if the legal person were an individual, would be a matter described in paragraph 18(3A) ( 4 ) (applications under Article 10 of the 2007 Hague Convention ( 5 ) ) of Part 1 of Schedule 1 to the Act, where—
(i) the matter relates to any application under Article 10(1)(a) or (b) of the 2007 Hague Convention; and
(ii) Article 17(b) of that Convention applies; ” ; and
(b) in paragraph (d)(ii) after “21” insert—
“ ; and
(da) legal help, family help (lower), family help (higher) and legal representation in relation to a matter which, if the legal person were an individual, would be a 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—
(i) relates to any application under Article 10(1)(a) or (b) of the 2007 Hague Convention; and
(ii) 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 ” .
Signed by authority of the Lord Chancellor
McNally
Minister of State
Ministry of Justice
27th March 2013
Paragraph 6 of Schedule 3 (legal aid for legal persons) provides that section 21 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) applies for the purposes of a determination under paragraph 3(1)(b) of that Schedule.
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).