Delegated functions (formerly devolved powers)Delegated functions:scopeDelegated functionsDelegated functions:scopeDelegated functionsDelegated functions:scopeDelegated functionsDelegated functions:scopeDelegated functions:emergency certificate, steps for grantingDelegated functionsDelegated functions:scopeDelegated functionsDelegated functions:scopeDelegated functions:refusals underDelegated functionsDelegated functions:scopeDelegated functions:financial eligibilityDelegated functionsDelegated functions:scopeDelegated functions:merits testDelegated functionsDelegated functions:scopeDelegated functions:fundingDelegated functions
Scope
5.202The Standard Civil Contract Specification 2013 (paras 5.2–5.4) lists the delegated functions available. The LAA monitors the use of delegated functions, and may suspend or terminate them if they have been seriously misused.
1Funding Code: decision-making guidance section 12.8. Post-LASPO guidance has not been issued.5.203Certificates can be granted for full legal representation in urgent cases. You may not use delegated functions to grant a certificate where there is an outstanding certificate or application at the LAA, or where a previous application has been refused and there is no clear and relevant change of circumstances to suggest that a reapplication would be granted.
5.204You may not use delegated functions to grant exceptional case funding under section 10 of LASPO (see para 3.30 and chapter 4 for more information), nor for judicial review cases (with limited exceptions mainly for emergency homelessness cases or unless you have specific authorisation). You also do not have the power to grant legal aid where the merits test is met because of a significant wider public interest. See para 5.3 of the 2013 Contract Specification
Steps for granting an emergency certificate
1Select a matter type code.
2Identify the wording code for the allowable proceedings.
If there is no appropriate wording code, the relevant LAA processing office must be contacted.
3Apply an appropriate scope limitation wording.
4Apply a costs limitation.
Costs limitations include profit costs, disbursements and counsels’ fees, but not VAT.
In emergency applications this will generally be £1,350 and must not exceed £10,000.
5Submit an application for a substantive certificate within five working days.
Amendments under delegated functions
5.206Under the Legal Aid Civil (Procedure) Regulations 2012 reg 39(3)(b), you can amend an emergency certificate as long as the LAA has not yet granted a substantive certificate and the amendment is required because of the urgency of the situation.
Refusals under delegated functions
5.207A client has no right of appeal against your refusal to grant an emergency certificate.
2Civil Legal Aid (Procedure) Regulations 2012 reg 53.Financial eligibility
5.208As ‘Urgent cases’, above.
Merits test
5.209As ‘Urgent cases’, above.
Funding
5.210As ‘Urgent cases’, above.