LASPO Statutory Instruments

LASPO Statutory Instruments

Due to copyright issues and the plethora of amendments to the statutory instruments that have developed, below are links to the legislation.gov.uk site page searching for the relevant SI.

N.B. the search the facility cannot filter out all unrelated SI.s and care should be taken to check the name of the SI relates to the one you are looking for.

Civil Legal Aid Regulations: these provide a search of the relevant SI – N.B. the search the facility cannot filter out all unrelated SI.s and care should be taken to check the name of the SI relates to the one you are looking for.

Remuneration Regulations:

Other Regulations regularly relevant to costs:

Criminal Legal Aid

Remuneration Regulations:

Table of all Legal Aid Regulations 

As at 5 March 2017 listed in alphabetical order, this table gives a helpful summary of purpose of each regulation and order

Regulations and orders 

Purpose

The Civil and Criminal Legal Aid (Financial Eligibility and Contributions) (Amendment) Regulations 2016

Amends the following Regulations (and also Community Legal Services Regulations and Criminal Defence Service Regulations) to reflect changes to the benefits system made by the introduction of Universal Credit:

Criminal Legal Aid (Financial Resources) Regulations 2013

Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013

Criminal Legal Aid (Contribution Orders) Regulations 2013

Criminal Legal Aid (Recovery of Defence Costs Orders) Regulations 2013

The Civil and Criminal Legal Aid (Amendment) Regulations 2015, and amendments

Amends the following Regulations for the introduction of Female Genital Mutilation Protection Orders under legal aid:

Civil Legal Aid (Procedure) Regulations 2012

Criminal Legal Aid (General) Regulations 2013

Civil Legal Aid (Remuneration) Regulations 2013

Criminal Legal Aid (Remuneration) Regulations 2013

The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013

The Civil and Criminal Legal Aid (Financial Resources and Payment for Services) (Legal Persons) Regulations 2013

Sets out capital and income tests required for legal persons to qualify for criminal or civil legal aid.

The Civil Legal Aid (Connected Matters) Regulations 2013

Sets out how the connected matters rule is to be applied.

The Civil Legal Aid (Costs) Regulations 2013

Makes provision in respect of cost protection and costs orders in cases where a party is legally aided.

The Civil Legal Aid (Family Relationship) Regulations 2012

Defines orders made under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 as ‘matters arising out of a family relationship’.

The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013

Sets out capital and income tests required to qualify for civil legal aid. 

The Civil Legal Aid (Immigration Interviews) (Exceptions) Regulations 2012 

Sets out where legal aid may be made available for applicants attending an asylum application interview.

The Civil Legal Aid (Merits Criteria) Regulations 2013

Sets out the merits criteria which the Director of Legal Aid Casework (the Director) must apply when deciding whether an applicant qualifies for civil legal service.

The Civil Legal Aid (Preliminary Proceedings) Regulations 2013

Prescribe that an application, made to the First-tier Tribunal, for permission to appeal to the Upper Tribunal on a welfare benefits matter is not to be regarded as preliminary to the actual appeal in the Upper Tribunal and therefore cannot be legally aided.

The Civil Legal Aid (Prescribed Types of Pollution of the Environment) Regulations 2012

Prescribes the types of pollution of the environment for which civil legal services may be available, in relation to claims in private nuisance arising out of such pollution where an injunction is sought.

The Civil Legal Aid (Procedure) Regulations 2012

Establish procedures for applying for the different forms of civil legal aid.  It includes acceptable forms of evidence when applying for civil legal services in a private family law matter where there is risk or evidence of domestic violence or child abuse.

The Civil Legal Aid (Remuneration) Regulations 2013 

Sets out fees payable for civil legal services.

The Civil Legal Aid (Statutory Charge) Regulations 2013 

Sets out how charges against property are set, modified and collected, as a result of provision of civil legal services

The Criminal Legal Aid (Contribution Orders) Regulations 2013

Sets out means testing regime for criminal cases in the Crown Court.  Includes provisions on recovery of contributions.

The Criminal Legal Aid (Determinations by a Court and Choice of Representative) Regulations 2013

Sets out the circumstances in which a court can make a determination on an application for criminal legal aid and the type of representation to which an individual is entitled.

The Criminal Legal Aid (Financial Resources) Regulations 2013

Sets out capital and income tests required to qualify for criminal legal aid.  Includes provision for requiring contributions from applicants.

The Criminal Legal Aid (General) Regulations 2013 

Sets out procedures for granting criminal legal aid, and the tests which will be applied in relation to criminal advice and assistance.

The Criminal Legal Aid (Motor Vehicle Orders) Regulations 2013 

Sets out the provision for enforcement of an obligation to make payment under of Criminal Legal Aid contributions by way of the client’s motor vehicle.

The Criminal Legal Aid (Recovery of Defence Costs Orders) Regulations 2013

Allows Orders to be made for recovery of defence costs in certain circumstances and sets out exceptions.

The Criminal Legal Aid (Remuneration) Regulations 2013

Sets out fees payable for the provision of criminal legal aid.

The Legal Aid (Disclosure of Information) Regulations 2013

Allows providers to disclose certain information to the LAA.

The Legal Aid (Information about Financial Resources) Regulations 2013

Enables information requests to be made to facilitate determinations about an applicant's financial resources.

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2013

Amends Schedule 1 (civil legal services) of LASPO to add appeals on a point of law relating to council tax reduction schemes (the replacement for council tax benefit). 

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) (Advocacy Exceptions) Order 2014 

Amends Schedule 1 (civil legal services) of LASPO as to what advocacy services are excluded.

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 

Makes required changes to other legislation. Sets out how the LAA will treat work started pre-commencement.