Commentary Introduction Section 12: Determinations
117.Section 12 makes provision about the procedure for determinations made by the Director about whether an individual qualifies for civil legal aid.
118.Subsection (1) provides that in such a determination the Director must state the type of services (for example, advice and assistance) and for what those services are to be available (for example, a claim for judicial review). The Director will be also be able to set out in the determination any qualifications or exclusions that apply.
119.Subsection (2) provides that the Lord Chancellor may make regulations about determinations and the withdrawal of determinations. Subsections (3) to (5) make further provision about those regulations.
120.Subsection (3) provides that the regulations may include provision about the form and content of applications and determinations (for example specifying an application form) and provision that an application or determination may or must be made and withdrawn in writing, by telephone or by other prescribed means. The regulations may also include provision about time limits, provision about conditions that must be satisfied by an applicant before a determination is made, provision requiring information and documents to be provided, provision about when a determination may or must be withdrawn, provision requiring applicants to be given reasons for the making or withdrawal of a determination and provision about giving information to unsuccessful applicants about other ways in which they might obtain the advice they are seeking. This is similar to the provision about procedure that may be made in the LSC’s Funding Code (see section 8(5) of the Access to Justice Act 1999).
121.Subsection (4) ensures that circumstances in which a determination may or must be withdrawn can relate to compliance by the individual with requirements imposed on the individual under Part 1 of the Act, for example, to provide information or to make a payment under section 23.
122.Subsection (5) requires the regulations to include provision about the review of determinations and of the withdrawal of determinations. Subsection (6) enables the regulations to include provision about appeals against determinations and against the withdrawal of determinations.