For the purposes of a relevant determination the criteria in—
regulations 39(a) to (e) (criteria for determinations for legal representation) apply;
regulations 39(f), 41, 42 (cost benefit criteria), 43 (prospects of success criterion) and 44 (multi-party) do not apply; and
paragraphs (2) and (3) apply.
The Director must be satisfied that—
the reasonable private paying individual 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, marginal or unclear, 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.
In this regulation, a relevant determination is—
a determination for full representation in relation to any matter described in paragraph 12 of Part 1 of Schedule 1 to the Act (victims of domestic abuse and family matters) to the extent that it does not relate—
to Part 1 or 3 of the Family Law Act 1986 (child custody and declarations of status);
subject to sub-paragraph (b), to any provision of Part 1 or 2 of the Children Act 1989 (orders with respect to children in family proceedings); or
to section 51A of the Adoption and Children Act 2002 (post-adoption contact orders);
a determination for full representation in relation to any matter described in paragraph 12 of Part 1 of Schedule 1 to the Act (victims of domestic abuse and family matters) to the extent that it relates an order made under section 15 of, and Schedule 1 to, the Children Act 1989;
a determination for full representation in relation to any matter described in paragraph 15 of Part 1 of Schedule 1 to the Act (children who are parties to family proceedings), to the extent that regulations 64 and 68 do not apply;
a determination for full representation in relation to any matter described in paragraph 18(2) of Part 1 of Schedule 1 to the Act (applications in relation to maintenance decisions), to the extent that regulations 11(9)(b) or 70 do not apply; or
any matter described in paragraph 18(3A) of Part 1 of Schedule 1 to the Act (applications under Article 10 of the 2007 Hague Convention), to the extent that article 17(a) of the 2007 Hague Convention applies.