The Criminal and Civil Legal Aid (Amendment) Regulations 2025
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6 Transitional provisions
(1) Subject to paragraph (3), these regulations apply to any determination that an individual qualifies for civil legal services under section 9 (general cases) or 10 (exceptional cases) (“relevant civil determination”) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (“the Act”) and any determinations made under section 16 (representation for criminal proceedings) (“relevant criminal determination”) of the Act. (2) Where— (a) a relevant civil determination is made before 27th June 2025, (b) that determination has not been withdrawn before 27th June 2025, (c) that determination was made subject to the requirement to pay a contribution, and (d) any part of that contribution is due on or after 27th June 2025, payment of that part of that contribution is waived. (3) Where— (a) a relevant civil determination is made before 27th June 2025 (“the initial determination”), (b) the initial determination was made subject to the requirement to pay a contribution, (c) the initial determination is withdrawn on or after 27th June 2025, and (d) the individual receives a new determination on or after 27th June 2025 which relates to the same legal services for the same matter for which civil legal services were authorised under the initial determination (“the new determination”), the new determination must be treated as if it were the initial determination and paragraph (2) does not apply. (4) Paragraph (5) applies to a relevant criminal determination where— (a) an individual instructed a provider (either in-person or remotely) to make an application for representation under section 16 of the Act for the purposes of criminal proceedings before 27th June 2025, (b) the provider was unable to submit that application to the Legal Aid Agency for determination on or after 7th May 2025, and (c) the Director makes a relevant criminal determination in relation to that application on or after 27th June 2025. (5) Where this paragraph applies, the Criminal Legal Aid (General) Regulations 2013 must be read as if— (a) in regulation 2 (interpretation), there were inserted at the appropriate place— “the Legal Aid Agency” means the executive agency of the Ministry of Justice established by arrangements under section 4(2) of the Act; ; (b) in regulation 23 (determinations)— (i) for paragraph (2)(b) there were substituted— (b) must specify that the determination is to be treated as having effect from either 7th May 2025 or the date on which the individual instructed the provider to make an application to the Legal Aid Agency in relation to the criminal proceedings, whichever is the later. ; (ii) for paragraph (2A) there were substituted— (2A) Where a representation order is issued by a provider, acting under an authorisation on behalf of the Director, it must specify that the determination is to be treated as having effect from either 7th May 2025 or the date on which the individual instructed the provider to make an application to the Legal Aid Agency in relation to the criminal proceedings, whichever is the later. ; (c) in regulation 27 (review)— (i) for paragraph (6)(c) there were substituted— (c) subject to paragraph (6A), the date of any representation order issued in accordance with sub-paragraph (b) must be 7th May 2025 or the date on which the individual instructed the provider to make an application to the Legal Aid Agency in relation to the criminal proceedings, whichever is the later. ; (ii) for paragraph (6A) there were substituted— (6A) Where a provider, acting under an authorisation on behalf of the Director, made the original determination, the date of any representation order issued in accordance with paragraph (6)(b) must be 7th May 2025 or the date on which the individual instructed the provider to make an application to the Legal Aid Agency in relation to the criminal proceedings, whichever is the later. ; (d) in regulation 29 (appeal: magistrates’ court), for paragraph (4) there were substituted— (4) Where an individual applies to the Director under paragraph (3)— (a) if the individual states in writing, verified by a statement of truth, that the individual’s financial resources have not changed since the date the individual instructed the provider (either in-person or remotely) to make an application to the Legal Aid Agency for the purposes of criminal proceedings, so as to make the individual financially ineligible for representation under section 21 of the Act (financial resources) and regulations made under that section, the Director must— (i) make a determination that the individual qualifies for representation; and (ii) treat the determination as having effect from either 7th May 2025 or the date on which the individual instructed the provider to make the application to the Legal Aid Agency in relation to the criminal proceedings, whichever is the later. (b) if the individual’s financial resources may have so changed since the date the individual instructed the provider (either in-person or remotely) to make an application to the Legal Aid Agency for the purposes of criminal proceedings, the Director— (i) must determine whether the individual qualifies for representation in accordance with section 21 of the Act and regulations made under that section; and (ii) if the individual does so qualify, the Director must make the determination in accordance with paragraph (4A). (4A) Where the individual was determined to be— (a) financially eligible for representation under section 21 of the Act before the determination in paragraph (4)(b), the Director must treat the determination as having effect from either 7th May 2025 or the date the individual instructed the provider (either in-person or remotely) to make the application to the Legal Aid Agency in relation to the criminal proceedings, whichever is the later; (b) financially ineligible for representation under section 21 of the Act before the determination in paragraph (4)(b), the Director must treat the determination as having effect from the date of the change in the individual’s financial resources. . (6) In this regulation “the Legal Aid Agency” means the executive agency of the Ministry of Justice established by arrangements under section 4(2) of the Act.
6 Transitional provisions
(1) Subject to paragraph (3), these regulations apply to any determination that an individual qualifies for civil legal services under section 9 (general cases) or 10 (exceptional cases) (“relevant civil determination”) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (“the Act”) and any determinations made under section 16 (representation for criminal proceedings) (“relevant criminal determination”) of the Act. (2) Where— (a) a relevant civil determination is made before 27th June 2025, (b) that determination has not been withdrawn before 27th June 2025, (c) that determination was made subject to the requirement to pay a contribution, and (d) any part of that contribution is due on or after 27th June 2025, payment of that part of that contribution is waived. (3) Where— (a) a relevant civil determination is made before 27th June 2025 (“the initial determination”), (b) the initial determination was made subject to the requirement to pay a contribution, (c) the initial determination is withdrawn on or after 27th June 2025, and (d) the individual receives a new determination on or after 27th June 2025 which relates to the same legal services for the same matter for which civil legal services were authorised under the initial determination (“the new determination”), the new determination must be treated as if it were the initial determination and paragraph (2) does not apply. (4) Paragraph (5) applies to a relevant criminal determination where— (a) an individual instructed a provider (either in-person or remotely) to make an application for representation under section 16 of the Act for the purposes of criminal proceedings before 27th June 2025, (b) the provider was unable to submit that application to the Legal Aid Agency for determination on or after 7th May 2025, and (c) the Director makes a relevant criminal determination in relation to that application on or after 27th June 2025. (5) Where this paragraph applies, the Criminal Legal Aid (General) Regulations 2013 must be read as if— (a) in regulation 2 (interpretation), there were inserted at the appropriate place— “the Legal Aid Agency” means the executive agency of the Ministry of Justice established by arrangements under section 4(2) of the Act; ; (b) in regulation 23 (determinations)— (i) for paragraph (2)(b) there were substituted— (b) must specify that the determination is to be treated as having effect from either 7th May 2025 or the date on which the individual instructed the provider to make an application to the Legal Aid Agency in relation to the criminal proceedings, whichever is the later. ; (ii) for paragraph (2A) there were substituted— (2A) Where a representation order is issued by a provider, acting under an authorisation on behalf of the Director, it must specify that the determination is to be treated as having effect from either 7th May 2025 or the date on which the individual instructed the provider to make an application to the Legal Aid Agency in relation to the criminal proceedings, whichever is the later. ; (c) in regulation 27 (review)— (i) for paragraph (6)(c) there were substituted— (c) subject to paragraph (6A), the date of any representation order issued in accordance with sub-paragraph (b) must be 7th May 2025 or the date on which the individual instructed the provider to make an application to the Legal Aid Agency in relation to the criminal proceedings, whichever is the later. ; (ii) for paragraph (6A) there were substituted— (6A) Where a provider, acting under an authorisation on behalf of the Director, made the original determination, the date of any representation order issued in accordance with paragraph (6)(b) must be 7th May 2025 or the date on which the individual instructed the provider to make an application to the Legal Aid Agency in relation to the criminal proceedings, whichever is the later. ; (d) in regulation 29 (appeal: magistrates’ court), for paragraph (4) there were substituted— (4) Where an individual applies to the Director under paragraph (3)— (a) if the individual states in writing, verified by a statement of truth, that the individual’s financial resources have not changed since the date the individual instructed the provider (either in-person or remotely) to make an application to the Legal Aid Agency for the purposes of criminal proceedings, so as to make the individual financially ineligible for representation under section 21 of the Act (financial resources) and regulations made under that section, the Director must— (i) make a determination that the individual qualifies for representation; and (ii) treat the determination as having effect from either 7th May 2025 or the date on which the individual instructed the provider to make the application to the Legal Aid Agency in relation to the criminal proceedings, whichever is the later. (b) if the individual’s financial resources may have so changed since the date the individual instructed the provider (either in-person or remotely) to make an application to the Legal Aid Agency for the purposes of criminal proceedings, the Director— (i) must determine whether the individual qualifies for representation in accordance with section 21 of the Act and regulations made under that section; and (ii) if the individual does so qualify, the Director must make the determination in accordance with paragraph (4A). (4A) Where the individual was determined to be— (a) financially eligible for representation under section 21 of the Act before the determination in paragraph (4)(b), the Director must treat the determination as having effect from either 7th May 2025 or the date the individual instructed the provider (either in-person or remotely) to make the application to the Legal Aid Agency in relation to the criminal proceedings, whichever is the later; (b) financially ineligible for representation under section 21 of the Act before the determination in paragraph (4)(b), the Director must treat the determination as having effect from the date of the change in the individual’s financial resources. . (6) In this regulation “the Legal Aid Agency” means the executive agency of the Ministry of Justice established by arrangements under section 4(2) of the Act.
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