Statutory Instruments
2015 No. 1414
Legal Aid And Advice, England And Wales
The Civil Legal Aid (Merits Criteria) (Amendment) Regulations 2015
Approved by both Houses of Parliament
Made
23rd June 2015
Laid before Parliament
25th June 2015
Coming into force in accordance with regulation 1
The Lord Chancellor, in exercise of the powers conferred by sections 11(1)(b) and 41(1)(a) and (b) and (2)(b) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012( 1 ) (“the Act”), makes the following Regulations.
In making these Regulations, in accordance with section 11(2) to (5) of the Act, the Lord Chancellor—
(a) has considered the circumstances in which it is appropriate to make civil legal services available under Part 1 of the Act and, in particular, the extent to which the criteria ought to reflect the factors set out in section 11(3) of the Act;
(b) has sought to secure that, in cases in which more than one form of civil legal service could be provided for an individual, the individual qualifies under Part 1 of the Act for the form of service which in all the circumstances is most appropriate having regard to the criteria; and
(c) is satisfied that the criteria reflect the principle that, in many disputes, mediation and other forms of dispute resolution are more appropriate than legal proceedings.
In accordance with section 41(8) of the Act, the Lord Chancellor considers that it is desirable for these Regulations to come into force without delay for the reasons given in the statement laid before Parliament with these Regulations.
Citation and commencement
1. —(1) These Regulations may be cited as the Civil Legal Aid (Merits Criteria) (Amendment) Regulations 2015.
(2) These Regulations come into force for the purposes of regulation 2(2) on 17th July 2015 and for all other purposes on 31st July 2015.
Amendments to the Civil Legal Aid (Merits Criteria) Regulations 2013
2. —(1)The Civil Legal Aid (Merits Criteria) Regulations 2013( 2 ) are amended as follows.
(2) In regulation 2 (interpretation)—
(a) in the definition of “domestic violence case”—
(i) in paragraph (a), omit “or”;
(ii) after paragraph (a), insert—
“ (ab) paragraph 15A (female genital mutilation protection orders) ( 3 ) ; or ” ; and
(b) in the definition of “family dispute”, after paragraph (h) insert—
“ (ha) paragraph 15A (female genital mutilation protection orders); ” .
(3) In regulation 22 (immigration and terrorism prevention and investigation measures etc ), for paragraph (b) substitute—
“ (b) paragraphs 32(1) (victims of trafficking in human beings) and 32A(1) (victims of slavery, servitude or forced or compulsory labour) ( 4 ) ; and ” .
(4) In regulation 60 (criteria for determinations for full representation in relation to immigration), in paragraphs (1) and (2), for “or 32(1) (victims of trafficking in human beings)” substitute “, 32(1) (victims of trafficking in human beings) or 32A(1) (victims of slavery, servitude or forced or compulsory labour)”.
Shailesh Vara
Parliamentary Under Secretary of State
Ministry of Justice
23rd June 2015
2012 c. 10 . Section 42(1) provides that in Part 1 of that Act, “regulations” mean regulations made by the Lord Chancellor (except in Schedule 6 to that Act).
S.I. 2013/104 . There are amending instruments but none is relevant.
Paragraph 15A is inserted into Part 1 of Schedule 1 to the Act by section 85(1) of, and paragraph 87 of Schedule 4 to, the Serious Crime Act 2015 (c. 9) .
Paragraph 32A is inserted into Part 1 of Schedule 1 to the Act by section 47 of the Modern Slavery Act 2015 (c. 30) .