The Civil and Criminal Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2024
Write the words of this act the way you think they should read. Solon shows your change as a redline against the published text and pins it to that exact text, so it can never be applied to wording you did not see.
Change 1
4 Amendments to the Criminal Legal Aid (Contribution Orders) Regulations 2013
(1) The Criminal Legal Aid (Contribution Orders) Regulations 2013 are amended as follows. (2) In regulation 2 (interpretation)— (a) in the definition of “gross annual income” for “regulation 10(2)” substitute “regulation 10(2) to (2C)”; (b) insert at the appropriate places— “fire at Grenfell Tower” means the fire at Grenfell Tower on 14th June 2017;”; ““Grenfell Tower” means Grenfell Tower, Grenfell Road, London, W11 1TG;”; ““loss of income” includes past and future loss of income;”; ““Modern Slavery Victim Care Contract or equivalent payment” means any payment of government-funded financial assistance made— in England and Wales under the Modern Slavery Victim Care Contract in accordance with guidance issued by the Secretary of State under section 49 of the Modern Slavery Act 2015; in Northern Ireland under section 18 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015; in Scotland under section 9 of the Human Trafficking and Exploitation (Scotland) Act 2015 or regulations made under section 10 of that Act;”; ““personal harm” means a non-pecuniary loss or harm caused to an individual;”; ““specified purpose” means an essential need of an individual and does not include a payment for financial-only loss;”; ““victim of the fire at Grenfell Tower” means an individual who is any one or more of the following— an individual living in Grenfell Tower on 14th June 2017; an individual present in Grenfell Tower on 14th June 2017 at the time of the fire at Grenfell Tower; an individual who was injured in, or as a result of, the fire at Grenfell Tower; an individual living in a building in the immediate vicinity of Grenfell Tower that was evacuated as a result of the fire at Grenfell Tower; a member of the family of an individual who died in the fire at Grenfell Tower or is missing in the fire at Grenfell Tower (and an individual is a member of the family of such an individual if the requirements of section 10(6) of the Act are met); or a personal representative of an individual who died in the fire at Grenfell Tower;”; ““the Victims of Overseas Terrorism Compensation Scheme 2012” means the government-funded compensation scheme established under arrangements made by the Secretary of State under section 47 of the Crime and Security Act 2010; . (3) In regulation 10 (calculation of gross annual income)— (a) in paragraph (2)— (i) after sub-paragraph (h) omit “and”; (ii) after sub-paragraph (m) insert— (n) any Modern Slavery Victim Care Contract or equivalent payment; (o) any payment of compensation for a miscarriage of justice made under section 133 of the Criminal Justice Act 1988. ; (b) after paragraph (2) insert— (2A) In calculating an individual’s gross annual income, the Director may, subject to paragraphs (2B) and (2C), disregard the following amounts received during the period of calculation— (a) any payment that meets all of the following conditions— (i) the payment was made to an individual who is a victim of the fire at Grenfell Tower; (ii) the payment was made to that individual because the individual is a victim of the fire at Grenfell Tower; and (iii) the payment was not made directly to the individual by an individual known personally to the individual; (b) any payment of compensation made under the Victims of Overseas Terrorism Compensation Scheme 2012. (2B) In determining whether to disregard an amount for any payment within paragraph (2A)— (a) subject to sub-paragraph (b), the Director may disregard the whole of an amount received during the period of calculation where the following conditions are met— (i) the payment was for personal harm or was for a specified purpose; and (ii) the payment was not for a loss of income; (b) where a payment for personal harm or a specified purpose includes, in part, an amount for a loss of income— (i) where the Director is able to ascertain the amount of the part which is for a loss of income, the Director may disregard only the amount of the part which is not for a loss of income; or (ii) where the Director is not able to ascertain the amount of the part which is for a loss of income, the Director may disregard the whole of the amount, received during the period of calculation. (2C) In determining whether to disregard an amount for any payment within paragraph (2A), the Director may disregard the whole of the amount received during the period of calculation where there is a direct link between— (a) the loss or harm suffered by an individual for which the payment has been made; and (b) the legal service the individual has applied for or receives under section 16 of the Act. . (4) In regulation 28 (calculation of disposable specified capital)— (a) in paragraph (3) for “Subject to paragraph (3B)” substitute “Subject to paragraphs (3B) to (3E)”; (b) in paragraph (3B), after sub-paragraph (d) insert— (e) any Modern Slavery Victim Care Contract or equivalent payment; (f) any payment of compensation for a miscarriage of justice made under section 133 of the Criminal Justice Act 1988. ; (c) after paragraph (3B) insert— (3C) In calculating the amount of an individual’s disposable specified capital, the Director may, subject to paragraphs (3D) and (3E), disregard— (a) any payment that meets all of the following conditions— (i) the payment was made to an individual who is a victim of the fire at Grenfell Tower; (ii) the payment was made to that individual because the individual is a victim of the fire at Grenfell Tower; and (iii) the payment was not made directly to the individual by an individual known personally to the individual; (b) any payment of compensation made under the Victims of Overseas Terrorism Compensation Scheme 2012. (3D) In determining whether to disregard any payment within paragraph (3C)— (a) subject to sub-paragraph (b), the Director may disregard the whole of a payment where the following conditions are met— (i) the payment was for personal harm or was for a specified purpose; and (ii) the payment was not for a loss of income; (b) where a payment for personal harm or a specified purpose includes, in part, an amount for a loss of income— (i) where the Director is able to ascertain the amount of the part which is for a loss of income, the Director may disregard only the amount of the part which is not for a loss of income; or (ii) where the Director is not able to ascertain the amount of the part which is for a loss of income, the Director may disregard the whole of the payment. (3E) In determining whether to disregard any payment within paragraph (3C), the Director may disregard the whole of a payment where there is a direct link between— (a) the loss or harm suffered by an individual for which the payment has been made; and (b) the legal service the individual has applied for or receives under section 16 of the Act. .
4 Amendments to the Criminal Legal Aid (Contribution Orders) Regulations 2013
(1) The Criminal Legal Aid (Contribution Orders) Regulations 2013 are amended as follows. (2) In regulation 2 (interpretation)— (a) in the definition of “gross annual income” for “regulation 10(2)” substitute “regulation 10(2) to (2C)”; (b) insert at the appropriate places— “fire at Grenfell Tower” means the fire at Grenfell Tower on 14th June 2017;”; ““Grenfell Tower” means Grenfell Tower, Grenfell Road, London, W11 1TG;”; ““loss of income” includes past and future loss of income;”; ““Modern Slavery Victim Care Contract or equivalent payment” means any payment of government-funded financial assistance made— in England and Wales under the Modern Slavery Victim Care Contract in accordance with guidance issued by the Secretary of State under section 49 of the Modern Slavery Act 2015; in Northern Ireland under section 18 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015; in Scotland under section 9 of the Human Trafficking and Exploitation (Scotland) Act 2015 or regulations made under section 10 of that Act;”; ““personal harm” means a non-pecuniary loss or harm caused to an individual;”; ““specified purpose” means an essential need of an individual and does not include a payment for financial-only loss;”; ““victim of the fire at Grenfell Tower” means an individual who is any one or more of the following— an individual living in Grenfell Tower on 14th June 2017; an individual present in Grenfell Tower on 14th June 2017 at the time of the fire at Grenfell Tower; an individual who was injured in, or as a result of, the fire at Grenfell Tower; an individual living in a building in the immediate vicinity of Grenfell Tower that was evacuated as a result of the fire at Grenfell Tower; a member of the family of an individual who died in the fire at Grenfell Tower or is missing in the fire at Grenfell Tower (and an individual is a member of the family of such an individual if the requirements of section 10(6) of the Act are met); or a personal representative of an individual who died in the fire at Grenfell Tower;”; ““the Victims of Overseas Terrorism Compensation Scheme 2012” means the government-funded compensation scheme established under arrangements made by the Secretary of State under section 47 of the Crime and Security Act 2010; . (3) In regulation 10 (calculation of gross annual income)— (a) in paragraph (2)— (i) after sub-paragraph (h) omit “and”; (ii) after sub-paragraph (m) insert— (n) any Modern Slavery Victim Care Contract or equivalent payment; (o) any payment of compensation for a miscarriage of justice made under section 133 of the Criminal Justice Act 1988. ; (b) after paragraph (2) insert— (2A) In calculating an individual’s gross annual income, the Director may, subject to paragraphs (2B) and (2C), disregard the following amounts received during the period of calculation— (a) any payment that meets all of the following conditions— (i) the payment was made to an individual who is a victim of the fire at Grenfell Tower; (ii) the payment was made to that individual because the individual is a victim of the fire at Grenfell Tower; and (iii) the payment was not made directly to the individual by an individual known personally to the individual; (b) any payment of compensation made under the Victims of Overseas Terrorism Compensation Scheme 2012. (2B) In determining whether to disregard an amount for any payment within paragraph (2A)— (a) subject to sub-paragraph (b), the Director may disregard the whole of an amount received during the period of calculation where the following conditions are met— (i) the payment was for personal harm or was for a specified purpose; and (ii) the payment was not for a loss of income; (b) where a payment for personal harm or a specified purpose includes, in part, an amount for a loss of income— (i) where the Director is able to ascertain the amount of the part which is for a loss of income, the Director may disregard only the amount of the part which is not for a loss of income; or (ii) where the Director is not able to ascertain the amount of the part which is for a loss of income, the Director may disregard the whole of the amount, received during the period of calculation. (2C) In determining whether to disregard an amount for any payment within paragraph (2A), the Director may disregard the whole of the amount received during the period of calculation where there is a direct link between— (a) the loss or harm suffered by an individual for which the payment has been made; and (b) the legal service the individual has applied for or receives under section 16 of the Act. . (4) In regulation 28 (calculation of disposable specified capital)— (a) in paragraph (3) for “Subject to paragraph (3B)” substitute “Subject to paragraphs (3B) to (3E)”; (b) in paragraph (3B), after sub-paragraph (d) insert— (e) any Modern Slavery Victim Care Contract or equivalent payment; (f) any payment of compensation for a miscarriage of justice made under section 133 of the Criminal Justice Act 1988. ; (c) after paragraph (3B) insert— (3C) In calculating the amount of an individual’s disposable specified capital, the Director may, subject to paragraphs (3D) and (3E), disregard— (a) any payment that meets all of the following conditions— (i) the payment was made to an individual who is a victim of the fire at Grenfell Tower; (ii) the payment was made to that individual because the individual is a victim of the fire at Grenfell Tower; and (iii) the payment was not made directly to the individual by an individual known personally to the individual; (b) any payment of compensation made under the Victims of Overseas Terrorism Compensation Scheme 2012. (3D) In determining whether to disregard any payment within paragraph (3C)— (a) subject to sub-paragraph (b), the Director may disregard the whole of a payment where the following conditions are met— (i) the payment was for personal harm or was for a specified purpose; and (ii) the payment was not for a loss of income; (b) where a payment for personal harm or a specified purpose includes, in part, an amount for a loss of income— (i) where the Director is able to ascertain the amount of the part which is for a loss of income, the Director may disregard only the amount of the part which is not for a loss of income; or (ii) where the Director is not able to ascertain the amount of the part which is for a loss of income, the Director may disregard the whole of the payment. (3E) In determining whether to disregard any payment within paragraph (3C), the Director may disregard the whole of a payment where there is a direct link between— (a) the loss or harm suffered by an individual for which the payment has been made; and (b) the legal service the individual has applied for or receives under section 16 of the Act. .
One line that says what changes, such as "Halve the dog tax".
Who it helps, what it costs, what it fixes. It is what persuades people to support it.
How this law is officially changed
Solon does not know this law's official route yet. The proposal is recorded all the same, and the route appears here once its source is added.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.
Sign in to file your proposal. What you have written stays on this page.
Sign in to file itThink it through
Ask what your change would do, who would gain and who would bear a cost, and where something like it is already law. The assistant reads your draft as it stands, cites the law and the studies it finds, and takes no side. What you file stays yours.