For the purposes of a determination for full representation in relation to any matter described in paragraph 21 (abuse of position or powers by public authority) or 22 (breach of Convention rights by public authority) of Part 1 of Schedule 1 to the Act, the criteria in—
regulation 39 (standard criteria for determinations for legal representation) ... apply;
regulation 41(a) and (b) (criteria for determinations for full representation) , regulation 42 (cost benefit criteria) and regulation 43 (prospects of success criterion) do not apply; and
paragraphs (2) and (3) apply.
An individual may qualify for full representation in relation to any matter described in paragraph 21 (abuse of position or powers by public authority) or 22 (breach of Convention rights by public authority) of Part 1 of Schedule 1 to the Act only if the Director is satisfied that—
the proportionality test is met ; and ...
the criterion in paragraph (3) is met.
The Director must be satisfied that the prospects of success are—
very good, good or moderate; or
borderline or marginal, and—
the case is of significant wider public interest;
the case is one with overwhelming importance to the individual; or
the substance of the case relates to a breach of Convention rights.