The Civil Legal Aid (Remuneration) (Amendment) Regulations 2015
| Jurisdiction | UK Non-devolved |
| Citation | SI 2015/898 |
2015No. 898
LEGAL AID AND ADVICE, ENGLAND AND WALES
The Civil Legal Aid (Remuneration) (Amendment) Regulations 2015
25thMarch2015
26thMarch2015
27thMarch2015
The Lord Chancellor makes the following Regulations( 1) in exercise of the powers conferred by sections 2(3), 41(1) and (3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012( 2).
Citation and commencement
1. These Regulations may be cited as the Civil Legal Aid (Remuneration) (Amendment) Regulations 2015 and come into force on 27th of March 2015.
Amendments to the Civil Legal Aid (Remuneration) Regulations 2013
2.-(1) The Civil Legal Aid (Remuneration) Regulations 2013( 3) are amended as follows.
(2) In regulation 5 (non application to civil legal services provided under certain contracts)-
(a) in paragraph (1), for "6" substitute "5A";
(b) in paragraph (3), before "7 and 10" insert "5A,", and
(c) in paragraph (4), for "regulation 10," substitute "regulations 5A and 10,".
(3) Before regulation 6 (remuneration for civil legal services: general) insert-
"Remuneration for civil legal services: judicial review
5A.
-(1) Where an application for judicial review is issued, the Lord Chancellor must not pay remuneration for civil legal services consisting of making that application unless-
(a) the court gives permission to bring judicial review proceedings;
(b) the court neither refuses nor gives permission to bring judicial review proceedings and the Lord Chancellor considers that it is reasonable to pay remuneration in the circumstances of the case, taking into account, in particular-
(i) the reason why the provider did not obtain a costs order or costs agreement in favour of the legally aided person;
(ii) the extent to which, and the reason why, the legally aided person obtained the outcome sought in the proceedings, and
(iii) the strength of the application for permission at the time it was filed, based on the law and on the facts which the provider knew or ought to have known at that time;
(c) the defendant withdraws the decision to which the application for judicial review relates and the withdrawal results in the court-
(i) refusing permission to bring judicial review proceedings, or
(ii) neither refusing nor giving permission;
(d) the court orders an oral hearing to consider-
(i) whether to give permission to bring judicial review proceedings;
(ii) whether to give permission to bring a relevant appeal, or
(iii) a relevant appeal, or
(e) the court orders a rolled-up hearing.
(2) Nothing in this regulation affects any payment-
(a) by the Lord Chancellor of disbursements incurred by a provider in accordance with the relevant contract, or
(b) on account by the Lord Chancellor to a provider in accordance with the relevant contract.
(3) In this regulation-
(a) "2010 Standard Crime Contract" means the contract so named between the Lord Chancellor and a provider with whom the Lord Chancellor has made an arrangement under section 2(1) of the Act for the provision of advice, assistance and representation made available under sections 13, 15 or 16 of the Act;
(b) "2013 CLA Contract" means the contract so named between the Lord Chancellor and a provider for the provision of civil legal services under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012;
(c) "application for judicial review" means an application for judicial review made or treated as made in accordance with-
(i) Part 54 of the Procedure Rules, or
(ii) Part 4 of the Tribunal Rules,
and includes bringing a relevant appeal and making an application for permission to bring a relevant appeal, but does not include a relevant application for interim relief;
(d) "costs agreement" and "costs order" mean, respectively, an agreement or an order that another party to the proceedings pay all, or part of, the costs of the legally aided person;
(e) "court" includes the Upper Tribunal established under section 3 of the Tribunals, Courts and Enforcement Act 2007( 4);
(f) "issued" includes-
(i) the sending of the application by the Upper Tribunal under rule 28(8) of the Tribunal...
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