The Civil Legal Aid (Merits Criteria) (Amendment) Regulations 2015

Made: 23rd June 2015

Laid before Parliament: 25th June 2015

Coming into force in accordance with regulation 1

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[^f00002] 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)[^f00003]; 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)[^f00004]; 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)”.

Signed

Shailesh Vara — Parliamentary Under Secretary of State — Ministry of Justice — 23rd June 2015

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Civil Legal Aid (Merits Criteria) Regulations 2013 (S.I. 2013/104) (“the Merits Criteria Regulations”), which make provision for the criteria which the Director of Legal Aid Casework must apply when determining whether an individual or legal person qualifies for civil legal services under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) (“the Act”).

Schedule 1 to the Act is amended by provisions of the Serious Crime Act 2015 (c. 9) and the Modern Slavery Act 2015 (c. 30) to bring certain civil legal services within the scope of civil legal aid. As a result of those amendments, it is necessary to amend the Merits Criteria Regulations.

Regulation 2(2) of these Regulations amends the definitions set out in regulation 2 of the Merits Criteria Regulations. The effect is to provide that the merits criteria to be applied to applications for civil legal services under paragraph 15A (female genital mutilation protection orders) of Part 1 of Schedule 1 to the Act are those which apply to domestic violence cases and certain family disputes.

Regulation 2(3) and (4) of these Regulations amends regulations 22 and 60 of the Merits Criteria Regulations to provide that the merits criteria to be applied to applications for civil legal services under paragraph 32A(1) (victims of slavery, servitude or forced or compulsory labour) of Part 1 of Schedule 1 to the Act are those which apply to civil legal services under paragraph 32(1) (victims of trafficking in human beings) of the Merits Criteria Regulations.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.

Footnotes

[^f00001]: 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).

[^f00002]: S.I. 2013/104. There are amending instruments but none is relevant.

[^f00003]: 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).

[^f00004]: Paragraph 32A is inserted into Part 1 of Schedule 1 to the Act by section 47 of the Modern Slavery Act 2015 (c. 30).