Citation, commencement and extent

1. —(1) These Regulations may be cited as the Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2021 and come into force on 12th January 2022.

(2) These Regulations extend to England and Wales.

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 paragraph (1)—

(i) at the end of sub-paragraph (ka), omit “and”;

(ii) after sub-paragraph (l), insert—

“ (m) other legal services ( 3 ) at an inquest under the Coroners and Justice Act 2009 ( 4 ) into the death of a member of the family of the individual who has made an application where the Director has made a relevant determination; and

(n) legal help ( 5 ) at an inquest under the Coroners and Justice Act 2009 to the extent that the individual to whom the legal help may be provided is an individual to whom sub-paragraph (m) applies. ” ;

(b) in paragraph (2)—

(i) after the definition of “mediator” insert—

“ “ relevant determination ” means—

(c) after paragraph (2) insert—

“ (3) For the purpose of paragraph (1)(m), an individual is a member of another individual’s family if their relationship is as described in section 10(6) of the Act. ” .

(3) In regulation 10 (waiver of eligibility limits and contributions in inquests)—

(a) at the end of paragraph (1), after the words “of the application” add “except where regulation 5(1)(n) applies” ;

(b) omit paragraph (2);

(c) in paragraph (3), after “paragraph (1)”, omit “ and ” (2);

(d) in paragraph (4)—

(i) at the end of the definition of “Human Rights Convention”, omit “; and”;

(ii) omit the definition of “relevant determination”.

(4) In regulation 44 (contributions)—

(a) omit paragraph (2)(a)(iii);

(b) omit paragraph (3)(a)(iii).

Transitional Provisions

3. —(1) Paragraph (2) applies to an application that is made before the relevant date and has yet to be determined and has not been withdrawn on the relevant date.

(2) An application is to be treated on and after the relevant date as an application falling under the 2013 Regulations as amended by these Regulations.

(3) Where an application has been determined ahead of the relevant date, and regulation 5(1)(m) of the 2013 Regulations would have applied if it had been determined on or after that date, the individual is not liable to any further contributions payable under section 23 of the Legal Aid, Sentencing and Punishment of Offenders Act 212 towards those other legal services.

(4) For the purpose of this regulation, an application is made on the date that it is—

(a) submitted to the Client and Cost Management System, or;

(b) received by the Director.

(5) In this regulation—

“ the 2013 Regulations ” means the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013;

“ application ” means an application for a determination in respect of civil legal services at an inquest;

“ Client and Cost Management System ” means the system used by the Director to manage applications for civil legal services;

“other legal services” are those services defined in regulation 19 of the Civil Legal Aid (Merits) Regulations 2013( 6 );

“ the relevant date ” means the date on which these Regulations come into force.