The Community Legal Service (Financial) (Amendment No. 2) Regulations 2003

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" Waiver of eligibility limit in certain inquests
     5C.  - (1) This regulation applies to an application for the funding of legal representation to provide advocacy at an inquest into the death of a member of the immediate family of the client.

    (2) Where this regulation applies, the Commission may, if it considers it equitable to do so, request the Secretary of State to disapply the eligibility limits in regulations 5(6) and 5A.

    (3) In considering whether to make such a request, the Commission shall have regard in particular to any applicable Convention rights under Article 2 of Schedule 1 to the Human Rights Act 1998[4].

    (4) On receipt of a request under paragraph (2) the Secretary of State may, if he thinks fit, disapply the eligibility limits.".

     4. In regulation 38, after paragraph (8), insert - 

    " (8A) Paragraph (9) also applies where the eligibility limits have been disapplied under regulation 5C.".

Signed by authority of the Secretary of State


David Lammy
Parliamentary Under Secretary of State, Department for Constitutional Affairs

6th November 2003

[2] by virtue of the Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), articles 4(1) and 9, Schedule 1, and Schedule 2, paragraph 11(1)(a).back

[3] S.I. 2000/516. There are relevant amendments in S.I. 2001/3663 and 2003/650.back

[4] 1998 c. 42.back