See Full Document Text
S TAT U T O R Y I N S T R U M E N T S
2026 No. 573
LEGAL AID AND ADVICE, ENGLAND AND WALES
The Civil Legal Aid (Procedure) (Amendment) Regulations 2026
Made - - - - 1st June 2026
Laid before Parliament 2nd June 2026
Coming into force - - 23rd June 2026
The Lord Chancellor makes these Regulations in exercise of the powers conferred by sections
12(2) and (3)(f) and 41(1) and (3)(c) of the Legal Aid, Sentencing and Punishment of Offenders
Act 2012(a).
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Civil Legal Aid (Procedure) (Amendment)
Regulations 2026 and come into force on 23rd June 2026.
(2) These Regulations extend to England and Wales.
Amendment of the Civil Legal Aid (Procedure) Regulations 2012
2.—(1) The Civil Legal Aid (Procedure) Regulations 2012 (“the Procedure Regulations”)(b)
are amended as follows.
(2) In regulation 37 (certificates), for paragraph (1) substitute—
“(1) When the Director makes a determination that an individual qualifies for Licensed
Work, the Director must—
(a) issue a certificate recording the determination and send the certificate to the
provider; and
(b) send a copy of the certificate to the individual.”.
(3) In regulation 52(2)(c) (determinations), for “must be withdrawn” substitute “must be revoked”.
Saving provision
3. The amendment made by regulation 2(3) does not apply to a determination that an individual
qualifies for emergency representation made under regulation 52(1) of the Procedure Regulations
before 23rd June 2026.
(a) 2012 c. 10.
(b) S.I. 2012/3098, amended by S.I. 2025/750; there are other amending instruments but none is relevant.Signed by the authority of the Lord Chancellor
Sarah Sackman
Minister of State
1st June 2026 Ministry of Justice
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Civil Legal Aid (Procedure) Regulations 2012 (S.I. 2012/3098)
(“the Procedure Regulations”) to reverse some of the amendments made by the Criminal and
Civil Legal Aid (Amendment) Regulations 2025 (S.I. 2025/750) (“the 2025 Amendment
Regulations”).
The Procedure Regulations make provision about the making and withdrawal of determinations
that an individual qualifies for civil legal aid services under sections 9 and 10 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 (c. 10).
Regulation 2 of these Regulations amends the Procedure Regulations to restore the requirement
for the Director of Legal Aid Casework (“the Director”) to provide a copy of the legal aid
certificate recording a determination to an individual. This requirement was removed by the 2025
Amendment Regulations.
Regulation 2 of these Regulations also amends the Procedure Regulations by restoring the
requirement for the Director to revoke a determination for emergency representation made on the
basis of limited information and documents where, following the provision of further information
and documents, the Director determines that an individual is not financially eligible for relevant
civil legal services. The requirement to revoke an emergency representation determination was
amended to a requirement to withdraw by the 2025 Amendment Regulations.
Regulation 3 sets out a saving provision which ensures that the previous position under regulation
52(2)(c) of the Procedure Regulations continues to apply to emergency representation determinations
made before these Regulations come into force. Where, following the provision of further
information or documents, the Director determines that the individual is financially ineligible,
such determinations are to be withdrawn rather than revoked.
A full impact assessment has not been produced for this instrument as no, or no significant,
impact of these operational changes on the private, voluntary or public sectors is foreseen. A
review of potential impacts has been included within the Explanatory Memorandum which is
available from the Ministry of Justice, 102 Petty France, London, SW1H 9AJ and is published
alongside this instrument (on www.legislation.gov.uk).
(cid:0)
© Crown Copyright 2026
Printed and published in the UK by The Stationery Office Limited under the authority and superintendence of Saul Nassé,
Controller of His Majesty’s Stationery Office and King’s Printer of Acts of Parliament.
2£6.40
http://www.legislation.gov.uk/id/uksi/2026/573