This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 2 July 2012, amend the Legal Services (Quality Assurance) Regulations 2011 (the principal regulations).
Regulation 6 is amended to permit the Secretary for Justice (the Secretary) to approve applications from persons who do not meet the requirement in the Schedule that they have recent experience (being experience within the last 5 years), but who otherwise meet all the relevant experience and competence requirements.
Regulations 6(4), 6(5), and 8, which currently require applicants to provide references and work samples, are revoked. Similar requirements are relocated as new regulations 9A and 9B beneath a new cross-heading, Work samples and references. The requirements to provide work samples and references are relocated in order to indicate that they do not form part of the criteria that must be met by the applicant, but are instead the means by which an applicant may establish that he or she meets the relevant criteria. In each case the existing requirement to provide references and work samples is retained, but the Secretary may give notice that a particular applicant does not have to do so. If the Secretary does give notice that an applicant is not required to provide references or work samples, he or she must specify reasons for that determination, and may require other proof of the applicant's competence and experience.
Technical amendments are made to clause 12 of the Schedule to align with changes implemented by the Immigration Act 2009, and to clarify that immigration proceedings fall within civil matters.
Clause 13 of the Schedule, which sets out the experience required by applicants who intend to provide services in relation to proceedings before the Court of Appeal or the Supreme Court, is amended to provide that an applicant's past appellate experience must have been gained in the High Court or a higher court.
Date of notification in Gazette: 24 May 2012.
These regulations are administered by the Ministry of Justice.