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The Civil Legal Aid (Procedure) Regulations 2012

Type Statutory-Instrument
Publication 2012-12-12
Last updated 2025-12-22
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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  • (10) A determination by the Panel about the prospects of success made in accordance with the criteria set out in regulations made under section 11 of the Act is binding on the Director.

Appeals

59

Where an adjudicator is considering an appeal in relation to Special Case Work, regulation 47(1)(b) does not apply but the adjudicator must instead consider the likely damages or any other benefit or remedy which the individual is likely to receive.

PART 7 — Family Mediation

General

60

This Part makes provision about the making and withdrawal of determinations under section 9 of the Act about family mediation.

The application

61

  • (1) An individual applying for family mediation must attend the mediator’s premises in person unless—
  • (a) the proposed mediator decides that attendance in person is not necessary in accordance with the mediator’s arrangement with the Lord Chancellor under section 2(1) of the Act; or
  • (b) the individual—
  • (i) resides, or is present, in the European Union;
  • (ii) cannot attend in person for good reason; and
  • (iii) authorises another person to attend on their behalf.
  • (2) An individual applying for family mediation must also—
  • (a) complete the application form specified by the Lord Chancellor; and
  • (b) provide any additional information and documents requested by the Director in order to make a determination in relation to the application.

Mediators

62

The individual must propose a mediator with whom the Lord Chancellor has made an arrangement under section 2(1) of the Act for the mediator to provide family mediation in accordance with a code of practice approved by the Lord Chancellor.

Reasons

63

  • (1) Where the Director—
  • (a) determines that an individual does not qualify for family mediation; or
  • (b) withdraws a determination in relation to family mediation,

the Director must notify the individual.

  • (2) In the circumstances described in paragraph (1), the Director must send to the individual—
  • (a) written notice of the determination or withdrawal in a form specified by the Lord Chancellor;
  • (b) written reasons for the determination or withdrawal; and
  • (c) notice of the right to a review of the determination or withdrawal,

and may provide information about alternative ways of obtaining or funding civil legal services.

  • (3) The withdrawal of a determination does not affect the right of the mediator to remuneration for work done before the date of withdrawal.

Withdrawal of determinations

64

The Director may withdraw a determination where—

  • (a) the individual no longer qualifies for the services made available by the determination in accordance with section 21 of the Act and regulations made under that section;
  • (b) the services made available by the determination have been provided;
  • (c) the Director is satisfied that continuing to act would breach the mediator's code of practice referred to in regulation 62;
  • (d) the individual consents;
  • (e) the individual has died;
  • (f) a bankruptcy order has been made against the individual; or
  • (g) the individual has failed without good reason to comply with a requirement to provide information or documents or in providing required information or documents has made a statement or representation knowing or believing it to be false.

Review

65

  • (1) An individual may apply to the Director for a review of a determination or withdrawal of a determination about family mediation, making written representations supporting the application.
  • (2) The Director must—
  • (a) consider the application and any written representations;
  • (b) confirm the determination or withdrawal or substitute a new determination or withdrawal; and
  • (c) notify the individual of the determination or withdrawal following the review.

PART 8 — Exceptional Cases

General

66

  • (1) This Part makes provision about the making and withdrawal of determinations under section 10 of the Act about exceptional cases.
  • (2) Except as provided in this Part—
  • (a) determinations under section 10 of the Act must be made and withdrawn in accordance with the provisions of these Regulations which apply to the form of civil legal services which is the subject of the application; and
  • (b) Part 4 (Licensed Work), applies to other legal services.
  • (3) The provisions in these Regulations about—
  • (a) appeals;
  • (b) review (other than in this Part); and
  • (c) emergency representation,

do not apply to the making and withdrawal of determinations under section 10 of the Act.

  • (4) Regulations 23(1)(c) and (d) and 31(4)(c) and (d) do not apply to the making and withdrawal of determinations under section 10 of the Act.

The application

67

  • (1) Where the civil legal services which are the subject of an application are described in a category in the Category Definitions that form part of the 2010 Standard Civil Contract , 2013 Standard Civil Contract , 2014 Standard Civil Contract , 2015 Standard Civil Contract, 2018 Standard Civil Contract or 2024 Standard Civil Contract, the application must specify—
  • (a) the category within which the civil legal services are described; and
  • (b) if the individual has identified a proposed provider, a provider with whom the Lord Chancellor has made an arrangement under section 2(1) of the Act for the provision of services which fall within the category specified in the application (unless the effective administration of justice test is satisfied).
  • (2) An application for a determination under section 10 of the Act must—
  • (a) be made to the Director in writing in a form specified by the Lord Chancellor and signed by the individual and any proposed provider; and
  • (b) state whether it is proposed that the services should be provided as Controlled Work, Licensed Work or under an individual case contract.

Determinations

68

  • (1) A determination under section 10 of the Act may specify that the determination is to be treated as having effect from a date earlier than the date of the determination.
  • (2) Where the Director makes—
  • (a) an exceptional case determination under section 10(2)(a) of the Act; or
  • (b) a wider public interest determination under section 10(4)(b) of the Act,

the Director must provide written reasons for the determination and notice of any right of review.

Review

69

  • (1) The individual may, in accordance with paragraph (2), apply for a review of—
  • (a) a refusal to make a determination under section 10(2)(a) or 10(4)(b) of the Act;
  • (b) a determination that an individual does not qualify for the services under section 10(2)(b) or 10(4)(c) of the Act;
  • (c) an amendment of, or refusal to amend, a limitation or condition to which a determination under section 10(2)(b) or 10(4)(c) of the Act is subject; or
  • (d) a withdrawal of a determination.
  • (2) Within fourteen days of receipt of a refusal, determination, amendment, or withdrawal described in paragraph (1) (a “decision”), the individual may—
  • (a) apply to the Director for a review of the decision in a form specified by the Lord Chancellor; and
  • (b) include written representations supporting that application.
  • (3) The Director must consider the application and any written representations and may—
  • (a) confirm or amend the decision which is the subject of the review; or
  • (b) substitute a new decision.
  • (4) Where the decision which is the subject of the review was the withdrawal of a determination and, following the review, the Director substitutes a determination for that withdrawal, the determination takes effect (unless the Director directs otherwise) as if the original decision had not been made.
  • (5) The Director must ensure that a certificate accurately records the civil legal services for which the individual qualifies following the review (unless the services are to be provided as Controlled Work).
  • (6) The Director must notify the individual and the provider or proposed provider identified in the individual's application of the decision following the review.

Signed

Signed by authority of the Lord Chancellor

McNally — Minister of State — 2012-12-12

Explanatory note

(This note is not part of the Regulations)

Footnotes

1

Section 42(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) provides that in Part 1 of that Act “regulations” means regulations made by the Lord Chancellor.

4

Section 42(1) of the Act provides that in Part 1 of the Act “the Director” means the Director of Legal Aid Casework.

5

S.I. 1998/3132. Part 21 was substituted by S.I. 2007/2204.

7

The 2010 Standard Civil Contract, 2013 Standard Civil Contract and 2013 CLA Contract are available at www.justice.gov.uk/legal-aid. Copies can be inspected at The Legal Aid Agency (Head Office) at 102 Petty France, London, SW1H 9AJ.

8

Paragraph 1 of Schedule 3 to the Act provides that in that Schedule “legal person” means a person other than an individual.

9

Section 6 of the Act makes provision for authorisations given for the purpose of section 5 of the Act or regulations under that section.

11

The Health, Education and Social Care Chamber of the First-tier Tribunal is allocated these functions under article 4(i) of S.I. 2010/2655.

13

1984 c. 47. Paragraph 5(2) was amended by article 9(1) of, and paragraph 69(a) of Schedule 3 to, S.I. 2008/2833.

14

The Mental Health Review Tribunal for Wales established under section 65 of the Mental Health Act 1983 (c. 20) as amended by section 2(1) of, and paragraph 107(6) of Schedule 1 to, the Health Authorities Act 1995 (c. 17) and article 9(1) of, and paragraphs 39 and 45 of Schedule 3 to, S.I. 2008/2833.

15

The Immigration and Asylum Chamber of the First-tier Tribunal is allocated these functions under article 5 of S.I. 2010/2655.

16

The Immigration and Asylum Chamber of the Upper Tribunal is allocated these functions under article 11(a) and (b) of S.I. 2010/2655.

22

1996 c. 27. Section 46 was amended by the Domestic Violence, Crime and Victims Act 2004 (c. 28), section 58(1) and Schedule 10, paragraph 37(1) to (4). Section 63E was inserted by the Forced Marriage (Civil Protection) Act 2007 (c. 20), section 1.

23

1996 c. 27. Section 42 was amended by the Civil Partnership Act 2004 (c. 33), section 82 and Schedule 9, paragraph 9; and the Domestic Violence, Crime and Victims Act 2004, section 58(1) and (2) and Schedule 10, paragraph 36(1) to (3) and Schedule 11.

24

S.I. 1998/1071 (N.I. 6) as amended by the Civil Partnership Act 2004, section 206 and Schedule 19, paragraph 15.

25

Section 33 was amended by the Civil Partnership Act 2004, section 82 and Schedule 9, paragraph 4(1) to (7). Section 35 was amended by the Civil Partnership Act 2004, section 82 and Schedule 9, paragraph 6(1) to (10). Section 36 was amended by the Domestic Violence, Crime and Victims Act 2004, sections 2(2) and 58(1) and Schedule 10, paragraph 34(1) to (3); and the Civil Partnership Act 2004, section 82 and Schedule 9, paragraph 7. Section 37 was amended by the Civil Partnership Act 2004, section 82 and Schedule 9, paragraph 8(1) to (4). Section 38 was amended by the Domestic Violence, Crime and Victims Act 2004, section 58(1) and Schedule 10, paragraph 35.

26

S.I. 1998/1071 (N.I. 6) as amended by the Civil Partnership Act 2004, section 206 and Schedule 19, paragraphs 10 to 14.

27

1981 c. 59. Section 4 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), section 13(5).

28

Part 4A was inserted by the Forced Marriage (Civil Protection) Act 2007 (c. 20), section 1.

31

1997 c. 40. Section 5 was amended by the Domestic Violence, Crime and Victims Act 2004, section 12(1) to (4), 58(1) and (2) and Schedule 10, paragraph 43(1) to (3) and Schedule 11. Section 5A was inserted by the Domestic Violence, Crime and Victims Act 2004, section 12(5).

32

SI. 1997/1180 (N.I. 9). Article 7 was amended by, and article 7A was inserted by, the Domestic Violence, Crime and Victims Act 2004, section 13.

33

1995 c. 46. Section 234A was inserted by the Protection from Harassment Act 1997 (c. 40), section 11. It was subsequently amended by the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), section 15(a) to (d); the Criminal Justice (Scotland) Act 2003 (asp 7), section 49(1)(a) and (b); and the Crime and Punishment (Scotland) Act 1997 (c. 48), section 62(2) and Schedule 3.

34

1997 c. 40. Section 8(1A) was inserted by the Domestic Abuse (Scotland) Act 2011 (asp 13), section 1(1). Section 8(8) was repealed by the Damages (Scotland) Act 2011 (asp 7), section 16 and Schedule 2. Section 8A was inserted by the Domestic Abuse (Scotland) Act 2011, section 1(2).

35

1981 c. 59. Section 18A was inserted by the Family Law (Scotland) Act 2006 (asp 2), section 31(3).

36

2004 c. 33. Section 113 was amended by the Family Law (Scotland) Act 2006, sections 33, 45(2) and 46(2) and Schedules 1 and 3 and the Family Law (Scotland) Act 2006 (Consequential Modifications) Order 2006 (S.S.I. 2006/384), article 10.

38

1989 c. 41. Section 8(4)(ba) and (ea) was inserted by the Civil Partnership Act 2004 (c. 33), section 261(1), Schedule 27, paragraph 129(1), (2) and (3). Section 8(4)(c) and (f) was repealed by the Family Law Act 1996 (c. 27), section 66(1) and (3), Schedule 8, paragraph 60(1) and Schedule 10. Section 8(4)(d) was substituted by the Adoption and Children Act 2002 (c. 38), section 139(1), Schedule 3, paragraphs 54 and 55. Section 8(4)(h) was inserted by the Family Law Act 1996, section 66(1), Schedule 8, paragraph 60(1). Section 8(4)(i) was inserted by the Crime and Disorder Act 1998 (c. 37), section 119, Schedule 8, paragraph 68.

Editorial notes

43

Section 42(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) provides that in Part 1 of that Act “regulations” means regulations made by the Lord Chancellor.

46

Section 42(1) of the Act provides that in Part 1 of the Act “the Director” means the Director of Legal Aid Casework.

47

S.I. 1998/3132. Part 21 was substituted by S.I. 2007/2204.

49

The 2010 Standard Civil Contract, 2013 Standard Civil Contract and 2013 CLA Contract are available at www.justice.gov.uk/legal-aid. Copies can be inspected at The Legal Aid Agency (Head Office) at 102 Petty France, London, SW1H 9AJ.

50

Paragraph 1 of Schedule 3 to the Act provides that in that Schedule “legal person” means a person other than an individual.

51

Section 6 of the Act makes provision for authorisations given for the purpose of section 5 of the Act or regulations under that section.

52

The Health, Education and Social Care Chamber of the First-tier Tribunal is allocated these functions under article 4(i) of S.I. 2010/2655.

54

1984 c. 47. Paragraph 5(2) was amended by article 9(1) of, and paragraph 69(a) of Schedule 3 to, S.I. 2008/2833.

55

The Mental Health Review Tribunal for Wales established under section 65 of the Mental Health Act 1983 (c. 20) as amended by section 2(1) of, and paragraph 107(6) of Schedule 1 to, the Health Authorities Act 1995 (c. 17) and article 9(1) of, and paragraphs 39 and 45 of Schedule 3 to, S.I. 2008/2833.

56

The Immigration and Asylum Chamber of the First-tier Tribunal is allocated these functions under article 5 of S.I. 2010/2655.

115

Words in Sch. 1 para. 14 inserted (15.5.2020) by The Civil Legal Aid (Procedure) (Amendment) Regulations 2020 (S.I. 2020/439), regs. 1, 8(a) (with reg. 10)

116

Words in Sch. 1 para. 15 inserted (15.5.2020) by The Civil Legal Aid (Procedure) (Amendment) Regulations 2020 (S.I. 2020/439), regs. 1, 8(b) (with reg. 10)

117

Words in Sch. 1 para. 17(2) substituted (15.5.2020) by The Civil Legal Aid (Procedure) (Amendment) Regulations 2020 (S.I. 2020/439), regs. 1, 8(c) (with reg. 10)

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