Secondary Legislation

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

Remuneration Regulations:

Other Civil Regulations regularly relevant to costs:

Criminal Legal Aid

Remuneration Regulations:

Table of all Legal Aid Regulations 

As at 10 February 2018 listed in alphabetical order, this table gives a helpful summary of purpose of each regulation and order.

In addition, summaries of the changes made by the majority of the amending legislation (with links thereto) can be found on the Legal Aid Handbook LASPO Resources page

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 (Amendment) (No 2) 2015

Amends the following Regulations for the introduction of civil legal aid in relation to Female Genital Mutilation Protection Orders, victims of trafficking in human beings and victims of slavery, servitude or forced or compulsory labour; and in relation to certain proceedings in the youth court. As well as criminal legal aid in relation to certain proceedings under the Female Genital Mutilation Act 2003 and the Modern Day Slavery Act 2015: 

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 

And No. 2 amends the following to include references to the 2015 Standard Civil Contract and changes to Crown Court legal aid consequential on changes to case management and procedure rules respectively: 

Civil Legal Aid (Procedure) Regulations 2012 

Criminal Legal Aid (General) Regulations 2013 

Civil Legal Aid (Remuneration) Regulations 2013 

Criminal Legal Aid (Remuneration) Regulations 2013 

Criminal Legal Aid (Contribution Orders) Regulations 2013 

Civil Legal Aid (Statutory Charge) Regulations 2013 

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

Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015

The Civil Legal Aid (Connected Matters) Regulations 2013

Provides that where an individual qualifies for civil legal aid (other than connected matters, further legal aid may be available to for identification of a proposed defendant or respondent connection with the provision of civil legal aid which that individual qualifies for.

The Civil Legal Aid (Costs) Regulations 2013

Makes provision in respect of cost protection and orders for costs between the parties 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

Table of delegated authorities

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

Table of delegated authorities

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

Table of delegated authorities

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 

Table of delegated authorities

Sets out rates and fees payable for civil legal services.

The Civil Legal Aid (Statutory Charge) Regulations 2013 

Table of delegated authorities

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

The Criminal Legal Aid (Amendment) Regulations 2017

Amends multiple regulations to reintroduce certain areas of prison law within criminal legal aid

The Criminal Legal Aid (Contribution Orders) Regulations 2013

Table of delegated authorities

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

Table of delegated authorities

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

Table of delegated authorities

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

Table of delegated authorities

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

Table of delegated authorities

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

Table of delegated authorities

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

The Criminal Legal Aid (Remuneration) Regulations 2013

Table of delegated authorities

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

The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015

To implement the 8.75% fee cut, however, these were delayed and then completely revoked by the Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016.

The Criminal Legal Aid (Standard Crime Contract) (Amendment) Regulations 2017

Amends the following Regulations for the introduction of the 2017 Standard Crime Contract on 1st April 2017:

 

Criminal Legal Aid (General) Regulations 2013

 

Criminal Legal Aid (Financial Resources) Regulations 2013

 

Criminal Legal Aid (Remuneration) Regulations 2013

The Legal Aid (Disclosure of Information) Regulations 2013

Table of delegated authorities

Allows providers to disclose certain information to the LAA.

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

Table of delegated authorities

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

The Legal Aid (Information about Financial Resources) Regulations 2013

Table of delegated authorities

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

The Legal Aid, Community Legal Service and Criminal Defence Service (Amendment) Regulations 2015

Amends multiple regulations to exclude direct payments to carers under the Care Act when calculating means, and to include the new anti-social behaviour injunctions (ASBCPA 2014 Act) under criminal legal aid.

 

N.B. Due to the wrong procedure being used to amend the Legal Aid (Information about Financial Resources) Regulations 2013 for legal aid under LASPO, regulation 11 of the amending regulations was revoked under The Legal Aid (Information about Financial Resources) (Amendment) Regulations 2015 and was replaced by The Civil Legal Aid (Merits Criteria and Information about Financial Resources) (Amendment) Regulations 2015.

The Restraint Orders (Legal Aid Exception and Relevant Legal Aid Payments) Regulations 2015

Allows legal aid contributions to be made from property frozen under the Proceeds of Crime Act