Legalize / United Kingdom / Public General Act

Legal Aid, Sentencing and Punishment of Offenders Act 2012

Type Public General Act

Publication 2012-05-01

Last updated 2025-09-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 2

Reform history JSON API

(10A) (1) Any power of the Secretary of State to make an order or regulations under this Chapter is exercisable by statutory instrument. (2) Any power of the Secretary of State to make an order or regulations under this Chapter includes— (a) power to make different provision for different cases, circumstances or areas, and (b) power to make incidental, supplementary, consequential, transitional or transitory provision or savings. (3) The Secretary of State may not make an order under section 1(2) unless a draft of the statutory instrument containing the order (whether alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament. (4) A statutory instrument that contains an order or regulations made under this Chapter and is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, both Houses of Parliament, is subject to annulment in pursuance of a resolution of either House of Parliament.

12

(1) Section 11 (interpretation of Chapter 1) is amended as follows.

(2) Before the definition of “chief officer of police” insert—

“approved educational course” has the meaning given in section 2(4);

(3) After the definition of “defaulter” insert—

“educational course scheme” has the meaning given in section 2(4);

(4) After the definition of “penalty notice” insert—

“penalty notice with an education option” has the meaning given in section 2(4);

Consequential amendments

13

In section 64A of the Police and Criminal Evidence Act 1984 (photographing of suspects etc) in subsection (1B)(d) omit “in uniform” in the first place those words appear.

14

(1) The Police Reform Act 2002 is amended as follows.

(2) In section 43(7) (railway safety accreditation schemes: Secretary of State power to give an accredited person the powers of a constable in uniform, or an authorised constable, to issue fixed penalty notices) omit “in uniform and of an authorised constable”.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In paragraph 1 of Schedule 5 (accredited persons' powers to issue fixed penalty notices) in sub-paragraph (2)(aa) omit “in uniform”.

(5) In paragraph 1 of Schedule 5A (accredited inspectors' powers to issue fixed penalty notices) in sub-paragraph (2) omit “in uniform”.

15

In consequence of the amendments made by paragraphs 3 and 5 of this Schedule, omit section 87 of the Anti-social Behaviour Act 2003.

SCHEDULE 24

Rehabilitation of Offenders Act 1974 (c. 53)

1

The Rehabilitation of Offenders Act 1974 is amended as follows.

2

In section 8A(2) (meaning of “caution”)—

(a) omit paragraph (c), and

(b) in paragraph (d)—

(i) omit “, reprimand or warning”, and

(ii) for “paragraphs (a) to (c)” substitute “ paragraph (a) or (b) ”.

3

In Schedule 2 (protection for spent cautions) in paragraph 2(1)(e) (meaning of “ancillary circumstances”: things done in connection with a rehabilitation programme)—

(a) for “warning under section 65” substitute “ youth caution given under section 66ZA ”, and

(b) for “66(2)” substitute “ 66ZB(2) or (3) ”.

Police and Criminal Evidence Act 1984 (c. 60)

4

The Police and Criminal Evidence Act 1984 is amended as follows.

5

In section 34(5)(b) (requirement to release without bail unless proceedings may be taken or person may be reprimanded or warned), for the words from “reprimanded” to “65” substitute “ given a youth caution under section 66ZA ”.

6

In section 37B(9)(b) (consultation with Director of Public Prosecutions: meaning of “caution”), for “warning or reprimand under section 65” substitute “ youth caution under section 66ZA ”.

7

(1) Section 61 (fingerprinting) is amended as follows.

(2) In subsection (6) (power to fingerprint without consent in case of conviction etc for recordable offence)—

(a) at the end of paragraph (a) insert “ or ”,

(b) for “or” at the end of paragraph (b) substitute “ and ”, and

(3) In subsection (6ZA)(a) (conditions for application of subsection (6)), for “, cautioned or warned or reprimanded” substitute “ or cautioned ”.

8

(1) Section 63 (non-intimate samples) is amended as follows.

(2) In subsection (3B) (power to take non-intimate sample without consent in case of conviction etc for recordable offence)—

(a) at the end of paragraph (a) insert “ or ”,

(b) for “or” at the end of paragraph (b) substitute “ and ”, and

(3) In subsection (3BA)(a) (conditions for application of subsection (3B)), for “, cautioned or warned or reprimanded” substitute “ or cautioned ”.

9

In section 64ZC(6)(a) (destruction of data relating to a person subject to a control order: persons to be treated as having been convicted of an offence)—

(a) for “or” at the end of sub-paragraph (i) substitute “ and ”, and

(b) omit sub-paragraph (ii) and the “and” at the end of that sub-paragraph.

10

In section 64ZI(3) (persons to be treated as having been convicted of an offence for the purposes of sections 64ZB and 64ZD to 64ZH) omit paragraph (b) and the “or” preceding that paragraph.

11

(1) Schedule 2A (fingerprinting and samples: power to require attendance at police station) is amended as follows.

(2) In paragraph 3 (attendance for fingerprinting: persons convicted etc of an offence in England and Wales)—

(a) in sub-paragraph (2)(a) for “, cautioned or warned or reprimanded” substitute “ or cautioned ”, and

(b) in sub-paragraph (5) for “, caution or warning or reprimand” substitute “ or caution ”.

(3) In paragraph 11 (attendance for taking of non-intimate sample: persons convicted etc of an offence in England and Wales)—

(a) in sub-paragraph (2)(a) for “, cautioned or warned or reprimanded” substitute “ or cautioned ”, and

(b) in sub-paragraph (5)(a) for “, caution or warning or reprimand” substitute “ or caution ”.

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

12

In Article 64ZC(6)(a) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (persons to be treated as having been convicted of an offence for the purposes of paragraph (1))—

(a) for “or” at the end of paragraph (i) substitute “ and ”, and

(b) omit paragraph (ii) and the “and” at the end of that paragraph.

Jobseekers Act 1995 (c. 18)

13

In section 20D(6) of the Jobseekers Act 1995 (meaning of “cautioned” for the purposes of section 20C) omit paragraph (b) and the “or” preceding that paragraph.

Crime and Disorder Act 1998 (c. 37)

14

The Crime and Disorder Act 1998 is amended as follows.

15

In section 38(4) (meaning of “youth justice services”)—

(a) for paragraph (aa) substitute—

(aa) the provision of assistance to persons determining whether youth cautions should be given under section 66ZA below;

, and

(b) in paragraph (b) for “66(2)” substitute “ 66ZB(2) or (3) ”.

16

In section 66H (interpretation)—

(a) in paragraph (a) (definition of “appropriate adult”) for “65(7)” substitute “ 66ZA(7) ”, and

(b) after paragraph (e) insert—

(ea) youth caution” has the meaning given by section 66ZA(1);

17

In section 121(6) (provisions extending to Scotland) omit paragraph (c).

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

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Terrorism Act 2000 (c. 11)

21

Schedule 8 to the Terrorism Act 2000 (detention) is amended as follows.

22

In paragraph 14F(3) (persons to be treated as having been convicted of an offence for the purposes of paragraphs 14B to 14E) omit paragraph (b) and the “or” preceding that paragraph.

23

In paragraph 20F(3) (persons to be treated as having been convicted of an offence for the purposes of paragraphs 20B to 20E) omit “, or has been warned or reprimanded,”.

Criminal Justice and Court Services Act 2000 (c. 43)

24

In section 56 of the Criminal Justice and Court Services Act 2000 (young offenders: reprimands and warnings) omit subsection (1).

Sexual Offences Act 2003 (c. 42)

25

In section 133(1) of the Sexual Offences Act 2003 (interpretation of Part 2), in the definition of “cautioned” omit paragraph (b) and the “or” preceding that paragraph.

Criminal Justice Act 2003 (c. 44)

26

In section 327B(9) of the Criminal Justice Act 2003 (meaning of “cautioned” for the purposes of that section) omit paragraph (b) and the “or” preceding that paragraph.

Childcare Act 2006 (c. 21)

27

In section 75(6) of the Childcare Act 2006 (disqualification from registration: interpretation) omit the definition of “caution”.

Criminal Justice and Immigration Act 2008 (c. 4)

28

The Criminal Justice and Immigration Act 2008 is amended as follows.

29

In section 48(1) (which introduces Schedule 9 to that Act) omit paragraph (b) and the “and” preceding that paragraph.

30

In Schedule 9 (alternatives to prosecution for persons under 18) omit paragraph 2.

Counter-Terrorism Act 2008 (c. 28)

31

In section 18A(4) of the Counter-Terrorism Act 2008 (persons to be treated as having been convicted of an offence for the purposes of section 18(3B) and (3C)), omit paragraph (b) and the “or” preceding that paragraph.

Terrorism Prevention and Investigation Measures Act 2011 (c. 23)

32

In Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011 (fingerprints and samples), in paragraph 10(1)(a) (circumstances when an individual is to be treated as having been convicted of an offence)—

(a) at the end of sub-paragraph (ii) insert “ or ”, and

(b) omit sub-paragraph (iv) and the “or” preceding that sub-paragraph.

SCHEDULE 25

Part 1 — Rehabilitation of offenders: general

Rehabilitation of Offenders Act 1974: England and Wales

1

The Rehabilitation of Offenders Act 1974 is amended as follows.

2

In section 1(4)(a) (references in Act to a conviction) for “Great Britain” substitute “ England and Wales ”.

3

In section 2(5) (rehabilitation of persons dealt with in service disciplinary proceedings) for “Great Britain” substitute “ England and Wales ”.

4

Omit section 3 (special provision with respect to certain disposals by children's hearings under the Social Work (Scotland) Act 1968).

5

In section 4(1)(a) (effect of rehabilitation) for “Great Britain” substitute “ England and Wales ”.

6

(1) Section 7 (limitations on rehabilitation under the Act) is amended as follows.

(2) In subsection (2)(a) for “Great Britain” substitute “ England and Wales ”.

(3) In subsection (3) for “Great Britain” substitute “ England and Wales ”.

7

Omit section 8(8) (defamation actions: application of section to Scotland).

8

In section 8A(2)(d) (definition of “caution”) after “Wales” insert “ and which is not an alternative to prosecution (within the meaning of section 8AA) ”.

9

(1) Section 9 (unauthorised disclosure of spent convictions) is amended as follows.

(2) In subsection (3) omit “(or, in Scotland, the accused person)”.

(3) In subsection (8) omit “, in England and Wales,”.

10

After section 10(1) (orders) insert—

(1A) Any power of the Secretary of State to make an order under any provision of this Act includes power— (a) to make different provision for different purposes, and (b) to make incidental, consequential, supplementary, transitional, transitory or saving provision. (1B) The power of the Secretary of State to make an order under section 5(6) includes power to make consequential provision which amends or repeals any provision of this Act or any other enactment.

11

Omit Schedule 1 (service disciplinary convictions referred to in section 6(6)(bb) of that Act).

Rehabilitation of Offenders Act 1974: Scotland

12

The Rehabilitation of Offenders Act 1974 is amended as follows.

13

In section 1(4)(a) (references in Act to a conviction) for “Great Britain” substitute “ Scotland ”.

14

In section 2(5) (rehabilitation of persons dealt with in service disciplinary proceedings) for “Great Britain” substitute “ Scotland ”.

15

In section 4(1)(a) (effect of rehabilitation) for “Great Britain” substitute “ Scotland ”.

16

(1) Section 7 (limitations on rehabilitation under the Act) is amended as follows.

(2) In subsection (2)(a) for “Great Britain” substitute “ Scotland ”.

(3) In subsection (3) for “Great Britain” substitute “ Scotland ”.

17

(1) Section 9 (unauthorised disclosure of spent convictions) is amended as follows.

(2) In subsection (3) for “defendant (or, in Scotland, the accused person)” substitute “ accused person ”.

(3) Omit subsection (8).

Part 2 — Rehabilitation of offenders: consequential repeals

SCHEDULE 26

Prevention of Crime Act 1953 (c. 14)

1

In section 2(3) of the Prevention of Crime Act 1953 (extent) for “shall not extend to Northern Ireland” substitute “ extends to England and Wales only ”.

Mental Health Act 1983 (c. 20)

2

(1) Section 37(1A) of the Mental Health Act 1983 (powers of courts to order hospital admission or guardianship) is amended as follows.

(2) Before paragraph (a) insert—

(za) under section 1A(5) of the Prevention of Crime Act 1953,

(3) After paragraph (a) insert—

(aa) under section 139AA(7) of the Criminal Justice Act 1988,

Police and Criminal Evidence Act 1984 (c. 60)

3

In section 1(8A) of the Police and Criminal Evidence Act 1984 (power of constable to stop and search persons, vehicles etc) after “139” insert “ or 139AA ”.

Criminal Justice Act 1988 (c. 33)

4

The Criminal Justice Act 1988 is amended as follows.

5

(1) Section 36(2)(b) (reviews of sentencing) is amended as follows.

(2) Before sub-paragraph (i) insert—

(zi) section 1A(5) of the Prevention of Crime Act 1953;

(3) After sub-paragraph (i) insert—

(ia) section 139AA(7) of this Act;

6

(1) Section 139B (power of entry to search for articles with a blade or point and offensive weapons) is amended as follows.

(2) In subsection (1) after “139A” insert “ or 139AA ”.

(3) In subsection (4)—

(a) after “In the application of this section to Northern Ireland” insert

— (a)

;

(b) at the end add “, and

(b) the reference in subsection (1) to section 139AA is omitted.

7

In section 172(3) (provisions extending to Northern Ireland) for “sections 139 to 139B” substitute—

section 139; section 139A; section 139B;

Youth Justice and Criminal Evidence Act 1999 (c. 23)

8

(1) Schedule 1A to the Youth Justice and Criminal Evidence Act 1999 (relevant offences for the purposes of section 17: witnesses eligible for assistance on grounds of fear or distress about testifying) is amended as follows.

(2) After paragraph 9 insert—

(9A) An offence under section 1A of that Act (threatening with offensive weapon in public).

(3) After paragraph 26 insert—

(26A) An offence under section 139AA of that Act (threatening with article with blade or point or offensive weapon).

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

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13

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14

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Criminal Justice Act 2003 (c 44)

15

The Criminal Justice Act 2003 is amended as follows.

16

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17

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18

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20

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21

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22

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Armed Forces Act 2006 (c. 52)

23

The Armed Forces Act 2006 is amended as follows.

24

After section 227 (firearms offences) insert—

(227A) (1) This section applies if— (a) a person aged 18 or over is convicted by a court of an offence under section 42 (criminal conduct); and (b) the corresponding offence under the law of England and Wales is an offence under section 1A of the Prevention of Crime Act 1953 or section 139AA of the Criminal Justice Act 1988 (threatening with article with blade or point or offensive weapon in public or on school premises). (2) The court must impose a sentence of imprisonment for a term of at least 6 months unless the court is of the opinion that there are particular circumstances which— (a) relate to the offence or to the offender, and (b) would make it unjust to do so in all the circumstances. (3) In relation to times before the coming into force of section 61 of the Criminal Justice and Court Services Act 2000, the reference in subsection (2) to a sentence of imprisonment, in relation to an offender aged under 21 at the time of conviction, is to be read as a reference to a sentence of detention in a young offender institution.

25

In section 237(3) (duty to have regard to purposes of sentencing etc) after paragraph (b) insert

; (c) an offence the sentence for which falls to be imposed under section 227A(2).

26

In section 239 (reduction in sentences for guilty pleas) at the end insert—

(6) Nothing in section 227A(2) prevents the court, after taking into account any matter mentioned in subsection (2) of this section, from imposing any sentence which is at least 80% of that specified in section 227A(2).

27

In section 260(1)(b) (discretionary custodial sentences: general restrictions) for “227” substitute “ 227A ”.

28

In section 261(3) (length of discretionary custodial sentences: general provision) for “and 227” substitute “ , 227 and 227A ”.

29

In section 273(6)(b) (review of unduly lenient sentence by Court Martial Appeal Court) for “or 227” substitute “ , 227 or 227A ”.

30

(1) Paragraph 12 of Schedule 2 (“Schedule 2 offences”) is amended as follows.

(2) After sub-paragraph (r) insert—

(ra) an offence under section 1A of the Prevention of Crime Act 1953 (threatening with offensive weapon in public);

(3) In sub-paragraph (ai)—

(a) after “134” insert “ , 139AA ”;

(b) after “torture,” insert “ threatening with article with blade or point or offensive weapon, ”.

Coroners and Justice Act 2009 (c. 25)

31

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SCHEDULE 27

Road Traffic Act 1988 (c. 52)

1

In section 13A(1) of the Road Traffic Act 1988 (disapplication of sections 1 to 3 for authorised motoring events) after “sections 1,” insert “ 1A, ”.

Road Traffic Offenders Act 1988 (c. 53)

2

The Road Traffic Offenders Act 1988 is amended as follows.

3

In section 23(1A) (alternative verdicts in Scotland) after paragraph (a) insert—

(aa) an offence under section 1A of that Act (causing serious injury by dangerous driving),

4

(1) Section 24 (alternative verdicts: general) is amended as follows.

(2) In subsection (A2) after paragraph (a) insert—

(aa) an offence under section 1A of that Act (causing serious injury by dangerous driving),

(3) In the table in subsection (1) in the appropriate place insert—

Section 1A (causing serious injury by dangerous driving)	Section 2 (dangerous driving)
	Section 3 (careless, and inconsiderate, driving)

5

In section 34(4) (disqualification for certain offences) after paragraph (a)(ii) and the “or” after it insert—

(iia) an offence under section 1A of that Act (causing serious injury by dangerous driving), or

6

In section 36(2)(b) (disqualification until test is passed) after “(causing death by dangerous driving)” insert “ , section 1A (causing serious injury by dangerous driving) ”.

7

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8

In section 45A(4) (effect of endorsement of driving records) as substituted by the Road Safety Act 2006—

(a) after “section 1” insert “ , 1A ”;

(b) after “causing death by dangerous driving” insert “ , causing serious injury by dangerous driving ”.

9

In the table in Schedule 1 (application of provisions including sections 11 and 12(1): evidence as to driver and proof of identity) in the appropriate place insert—

RTA section 1A	Causing serious injury by dangerous driving.	Sections 11 and 12(1) of this Act.

Crime (International Co-operation) Act 2003 (c. 32)

10

In paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act 2003 (application of duty to give notice to foreign authorities of driving disqualification of a non-UK resident) after sub-paragraph (a) insert—

(aa) section 1A (causing serious injury by dangerous driving),

Armed Forces Act 2006 (c. 52)

11

In paragraph 12(aj) of Schedule 2 to the Armed Forces Act 2006 (“Schedule 2 offences”)—

(a) after “section 1,” insert “ 1A, ”;

(b) after “causing death by dangerous driving,” insert “ causing serious injury by dangerous driving, ”.

Lord Chancellor's functions

Conditional fee agreements: success fees

Damages-based agreements

Recovery of insurance premiums by way of costs

Dissolution etc proceedings: orders for payment in respect of legal services

Dissolution etc proceedings: matters to be considered by court making legal services order

Regulation by FCA

Duty to consider compensation order

Duration of community order

Breach of community order

Withdrawal of warrants of control issued by fines officer

Programme requirement

Curfew requirement

Interpretation of Chapter

Mental health treatment requirement

Drug rehabilitation requirement

Alcohol treatment requirement

Piloting of alcohol abstinence and monitoring requirements

Cancellation of revocation of licence

Breach of detention and training order

Youth rehabilitation order: curfew requirement

Youth rehabilitation order: mental health treatment requirement

Youth rehabilitation order: duration

Youth rehabilitation order: fine for breach

Removal of limit on certain fines on conviction by magistrates' court

Withdrawal of warrants of control issued by fines officer

Arrangements for remands

Requirements for electronic monitoring: extradition cases

Further provisions about electronic monitoring

Penalty notices for disorderly behaviour

Looked after child status

Interpretation of Chapter

Crediting of periods of remand in custody

Interpretation of Chapter

Youth cautions

Prisoners serving less than 12 months

Cancellation of revocation of licence

Further release after recall

Supervision of young offenders after release

Replacement of transitory provisions

Repeal of uncommenced provisions

New extended sentences

Sections 123 to 125: consequential and transitory provision

Conditional cautions: involvement of prosecutors

Penalty notices for disorderly behaviour

Conditional cautions: removal etc of certain foreign offenders

Youth cautions

No rehabilitation for certain immigration or nationality purposes

Offence of squatting in a residential building

Scrap metal dealing: increase in penalties for existing offences

Offence of buying scrap metal for cash etc

Review of offence of buying scrap metal for cash etc

Power to make consequential and supplementary provision etc

Care, supervision and protection of children

1

(1) Civil legal services provided in relation to—

(a) orders under section 25 of the Children Act 1989 (“the 1989 Act”) (secure accommodation);

(b) orders under Part 4 of the 1989 Act (care and supervision);

(d) approval by a court under paragraph 19 of Schedule 2 to the 1989 Act (arrangements to assist children to live abroad);

(e) parenting orders under section 8 of the Crime and Disorder Act 1998 (“the 1998 Act”) or section 366 or 369 of the Sentencing Code;

(f) child safety orders under section 11 of the 1998 Act;

(g) orders for contact under section 26 of the Adoption and Children Act 2002 (“the 2002 Act”);

(h) applications for leave of the court to remove a child from a person's custody under section 36 of the 2002 Act;

(i) placement orders, recovery orders or adoption orders under Chapter 3 of Part 1 of the 2002 Act (see sections 21, 41 and 46 of that Act);

(j) orders under section 84 of the 2002 Act (parental responsibility prior to adoption abroad).

(k) orders under section 119 of the Social Services and Well-being (Wales) Act 2014 (“the 2014 Act”) (secure accommodation);

(l) approval by a court under section 124 of the 2014 Act (arrangements to assist children to live abroad).

(2) Civil legal services provided in relation to an order under an enactment made—

(a) as an alternative to an order mentioned in sub-paragraph (1), or

(b) in proceedings heard together with proceedings relating to such an order.

Exclusions3Sub-paragraphs (1) and (2) are subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions4In this paragraph “children” means persons under the age of 18.

Special educational needs

2

(1) Civil legal services provided in relation to—

(a) matters arising under Part 4 of the Education Act 1996 Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 or Part 3 of the Children and Families Act 2014 (special educational needs);

(b) assessments relating to learning difficulties under section 140 of the Learning and Skills Act 2000.

Exclusions2Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Abuse of child or vulnerable adult

3

(1) Civil legal services provided in relation to abuse of an individual that took place at a time when the individual was a child or vulnerable adult, but only where—

(a) the services are provided to the individual, or

(b) the individual has died and the services are provided—

(i) to the individual's personal representative, or

(ii) for the purposes of a claim under the Fatal Accidents Act 1976 for the benefit of the individual's dependants.

General exclusions2Sub-paragraph (1) is subject to—athe exclusions in Part 2 of this Schedule, with the exception of paragraphs 1, 2, 3, 8 and 12 of that Part, andbthe exclusion in Part 3 of this Schedule.

Specific exclusions3The services described in sub-paragraph (1) do not include services provided in relation to clinical negligence.4The services described in sub-paragraph (1) do not include services provided in relation to a matter arising under a family enactment.

Definitions5In this paragraph—“abuse” means physical or mental abuse, including—sexual abuse, andabuse in the form of violence, neglect, maltreatment and exploitation;“child” means a person under the age of 18;“clinical negligence” means breach of a duty of care or trespass to the person committed in the course of the provision of clinical or medical services (including dental or nursing services);“family enactment” has the meaning given in paragraph 12;“personal representative”, in relation to an individual who has died, means—a person responsible for administering the individual's estate under the law of England and Wales, Scotland or Northern Ireland, ora person who, under the law of another country or territory, has functions equivalent to those of administering the individual's estate;“vulnerable adult” means a person aged 18 or over whose ability to protect himself or herself from abuse is significantly impaired through physical or mental disability or illness, through old age or otherwise.

Working with children and vulnerable adults

4

(1) Civil legal services provided in relation to—

(a) the inclusion of a person in a barred list or the removal of a person from a barred list;

(b) a disqualification order under section 28, 29 or 29A of the Criminal Justice and Court Services Act 2000 (disqualification from working with children);

Exclusions2Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions3In this paragraph “barred list” means a list maintained under—asection 2 of the Safeguarding Vulnerable Groups Act 2006 (persons barred from regulated activities relating to children or vulnerable adults);bsection 81 of the Care Standards Act 2000;csection 1 of the Protection of Children Act 1999.

Mental health and mental capacity

5

(1) Civil legal services provided in relation to matters arising under—

(a) the Mental Health Act 1983;

(b) paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 1984;

General exclusions2Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Specific exclusion3The services described in sub-paragraph (1) do not include services provided in relation to—athe creation of lasting powers of attorney under the Mental Capacity Act 2005, orbthe making of advance decisions under that Act.4Sub-paragraph (3) does not exclude services provided in relation to determinations and declarations by a court under the Mental Capacity Act 2005 as to the validity, meaning, effect or applicability of—aa lasting power of attorney that has been created, orban advance decision that has been made.

Community care

6

(1) Civil legal services provided in relation to community care services.

Exclusions2Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions3In this paragraph—“community care services” means services which a relevant person may provide or arrange to be provided under—............section 117 of the Mental Health Act 1983 (after-care);section 17 of the Children Act 1989 (“the 1989 Act”) (provision of services for children in need);section 20 of the 1989 Act (provision of accommodation for children);sections 22A, 22B and 22C of the 1989 Act (accommodation and maintenance for children in care and looked after children);sections 23B and 23C of the 1989 Act (local authority functions in respect of relevant children);sections 24, 24A and 24B of the 1989 Act (provision of services for persons qualifying for advice and assistance);.........Part 1 of the Care Act 2014 (local authority’s functions of meeting adult’s needs for care and support); section 15 of the Social Services and Well-being (Wales) Act 2014 (“the 2014 Act”) (preventative services); Part 4 of the 2014 Act (local authority’s functions of meeting a person’s needs for care and support);section 76 of the 2014 Act (provision of accommodation for children);sections 79, 80 and 81 of the 2014 Act (accommodation and maintenance for children in care and looked after children);sections 105 to 116 of the 2014 Act (local authority support for certain children);“relevant person” means—a district council;a county council;a county borough council;a London borough council;the Common Council of the City of London;a Primary Care Trust established under section 18 of the National Health Service Act 2006;a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;any other person prescribed for the purposes of this paragraph.

Facilities for disabled persons

7

(1) Civil legal services provided in relation to grants under Part 1 of the Housing Grants, Construction and Regeneration Act 1996 for the provision of facilities for disabled persons.

Exclusions2Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions3In this paragraph “disabled person” has the meaning given in section 100 of the Housing Grants, Construction and Regeneration Act 1996.

Appeals relating to welfare benefits

8

(1) Civil legal services provided in relation to an appeal on a point of law to the Upper Tribunal, the Court of Appeal or the Supreme Court relating to a benefit, allowance, payment, credit or pension under—

(a) a social security enactment,

(b) the Vaccine Damage Payments Act 1979, or

Exclusions2Sub-paragraph (1) is subject to—athe exclusions in Part 2 of this Schedule, with the exception of paragraphs 1 and 15 of that Part, andbthe exclusion in Part 3 of this Schedule.

Definitions3In this paragraph “social security enactment” means—athe Social Security Contributions and Benefits Act 1992,bthe Jobseekers Act 1995,cthe State Pension Credit Act 2002,dthe Tax Credits Act 2002,ethe Welfare Reform Act 2007,fthe Welfare Reform Act 2012, organy other enactment relating to social security.

Appeals relating to council tax reduction schemes

8A

(1) Civil legal services provided in relation to an appeal on a point of law to the High Court, the Court of Appeal or the Supreme Court relating to a council tax reduction scheme.

General exclusions2Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Specific exclusion3The services described in sub-paragraph (1) do not include advocacy in proceedings in the High Court.

Definitions4 In this paragraph “ council tax reduction scheme ” has the same meaning as in Part 1 of the Local Government Finance Act 1992 (council tax: England and Wales) (see section 13A(9) of that Act).

Inherent jurisdiction of High Court in relation to children and vulnerable adults

9

(1) Civil legal services provided in relation to the inherent jurisdiction of the High Court in relation to children and vulnerable adults.

Exclusions2Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions3In this paragraph—“adults” means persons aged 18 or over;“children” means persons under the age of 18.

Unlawful removal of children

10

(1) Civil legal services provided to an individual in relation to the following orders and requirements where the individual is seeking to prevent the unlawful removal of a related child from the United Kingdom or to secure the return of a related child who has been unlawfully removed from the United Kingdom—

(a) a prohibited steps order or specific issue order (as defined in section 8(1) of the Children Act 1989);

(b) an order under section 33 of the Family Law Act 1986 for disclosure of the child's whereabouts;

(d) a requirement under section 37 of that Act to surrender a passport issued to, or containing particulars of, the child.

(2) Civil legal services provided to an individual in relation to the following orders and applications where the individual is seeking to secure the return of a related child who has been unlawfully removed to a place in the United Kingdom—

(a) a prohibited steps order or specific issue order (as defined in section 8(1) of the Children Act 1989);

(b) an application under section 27 of the Family Law Act 1986 for registration of an order relating to the child;

(d) an order under section 34 of that Act for the child's return.

Exclusions3Sub-paragraphs (1) and (2) are subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions4For the purposes of this paragraph, a child is related to an individual if the individual is the child's parent or has parental responsibility for the child.5In this paragraph “child” means a person under the age of 18.

Family homes and domestic abuse

11

(1) Civil legal services provided in relation to home rights, occupation orders and non-molestation orders under Part 4 of the Family Law Act 1996.

(1A) Civil legal services provided in relation to the following applications or proceedings under the Domestic Abuse Act 2021—

(a) an application ...under section 28 (domestic abuse protection orders on application) ...;

(b) proceedings under section 31(2) or (7) (domestic abuse protection orders on family or civil court’s own motion) so far as those proceedings relate to a domestic abuse protection order;

(ba) proceedings under section 31(3), (5) or (6) (domestic abuse protection orders on criminal court’s own motion) so far as those proceedings relate to a domestic abuse protection order;

(bb) proceedings under section 40 (arrest for breach of an order);

(bc) proceedings under section 44(2)(b) (variation and discharge of orders on court’s own motion) in a case where the court hearing the proceedings could make a domestic abuse protection order under section 31(3), (5) or (6), so far as those proceedings relate to a domestic abuse protection order;

(d) proceedings on an appeal under section 46(1) (appeal of decision on application for domestic abuse protection order under section 28);

(e) proceedings on an appeal under section 46(3) or (4) (appeal by person subject to an order against its making or variation on criminal court’s own motion);

(f) proceedings on an appeal under section 46(5) (other appeals against order varying or discharging a domestic abuse protection order);

(g) proceedings for contempt of court in relation to a domestic abuse protection order.

(2) Civil legal services provided in relation to the following in circumstances arising out of a family relationship—

(a) an injunction following assault, battery or false imprisonment;

(b) the inherent jurisdiction of the High Court to protect an adult.

Exclusions3Sub-paragraphs (1) and (2) are subject to—athe exclusions in Part 2 of this Schedule, with the exception of paragraphs 3 and 11 of that Part, andbthe exclusion in Part 3 of this Schedule.3ASub-paragraph (1A) is subject to the exclusions in Part 2 of this Schedule.3BThe following services do not include advocacy of any type—aservices described in sub-paragraph (1A)(a) in so far as the services are provided—iin relation to an application made by a chief officer of police for a domestic abuse protection order, andiifor an individual other than the person against whom the order is being sought;bservices described in sub-paragraph (ba), (bc) or (e).3CAny services described in sub-paragraph (1A) that are not within sub-paragraph (3B) are subject to the exclusion in Part 3 of this Schedule.

Definitions4For the purposes of this paragraph—athere is a family relationship between two people if they are associated with each other, andb“associated” has the same meaning as in Part 4 of the Family Law Act 1996 (see section 62 of that Act).5For the purposes of this paragraph, the Lord Chancellor may by regulations make provision about when circumstances arise out of a family relationship.

Victims of domestic abuse and family matters

12

(1) Civil legal services provided to an adult (“A”) in relation to a matter arising out of a family relationship between A and another individual (“B”) where—

(a) there has been, or is a risk of, domestic abuse between A and B, and

(b) A was, or is at risk of being, the victim of that domestic abuse.

General exclusions2Sub-paragraph (1) is subject to the exclusions in Part 2 of this Schedule, with the exception of paragraph 11 of that Part.3But the exclusions described in sub-paragraph (2) are subject to the exception in sub-paragraph (4).4The services described in sub-paragraph (1) include services provided in relation to conveyancing, but only where—athe services in relation to conveyancing are provided in the course of giving effect to a court order made in proceedings, andbservices described in that sub-paragraph (other than services in relation to conveyancing) are being or have been provided in relation to those proceedings under arrangements made for the purposes of this Part of this Act.5Sub-paragraph (1) is subject to the exclusion in Part 3 of this Schedule.

Specific exclusion6The services described in sub-paragraph (1) do not include services provided in relation to a claim in tort in respect of the domestic abuse.

Definitions7For the purposes of this paragraph—athere is a family relationship between two people if they are associated with each other, andb“associated” has the same meaning as in Part 4 of the Family Law Act 1996 (see section 62 of that Act).8For the purposes of this paragraph—amatters arising out of a family relationship include matters arising under a family enactment, andb(subject to paragraph (a)) the Lord Chancellor may by regulations make provision about when matters arise out of a family relationship.9In this paragraph—“adult” means a person aged 18 or over;“domestic abuse” means any incident, or pattern of incidents, of controlling, coercive or threatening behaviour, violence or abuse (whether psychological, physical, sexual, economic or emotional) between individuals who are associated with each other; and for these purposes, such behaviour, violence or abuse between individuals may consist of or include behaviour, violence or abuse directed at another individual;“family enactment” means—section 17 of the Married Women's Property Act 1882 (questions between husband and wife as to property);the Maintenance Orders (Facilities for Enforcement) Act 1920;the Maintenance Orders Act 1950;the Maintenance Orders Act 1958;the Maintenance Orders (Reciprocal Enforcement) Act 1972;Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 (staying of matrimonial proceedings) and corresponding provision in relation to civil partnerships made by rules of court under section 223 of the Civil Partnership Act 2004;the Matrimonial Causes Act 1973;the Inheritance (Provision for Family Dependants) Act 1975;the Domestic Proceedings and Magistrates' Courts Act 1978;Part 3 of the Matrimonial and Family Proceedings Act 1984 (financial relief after overseas divorce etc);Parts 1 and 3 of the Family Law Act 1986 (child custody and declarations of status);Parts 1 and 2 of the Children Act 1989 (orders with respect to children in family proceedings);section 53 of, and Schedule 7 to, the Family Law Act 1996 (transfer of tenancies on divorce etc or separation of cohabitants);Chapters 2 and 3 of Part 2 of the Civil Partnership Act 2004 (dissolution, nullity and other proceedings and property and financial arrangements);sections 54 and 54A of the Human Fertilisation and Embryology Act 2008 (applications for parental orders).section 51A of the Adoption and Children Act 2002 (post-adoption contact orders).

Protection of children and family matters

13

(1) Civil legal services provided to an adult (“A”) in relation to the following orders and procedures where the child who is or would be the subject of the order is at risk of abuse from an individual other than A—

(a) orders under section 4(2A) of the Children Act 1989 (“the 1989 Act”) (removal of father's parental responsibility);

(b) orders under section 6(7) of the 1989 Act (termination of appointment of guardian);

(d) special guardianship orders under Part 2 of the 1989 Act;

(e) orders under section 33 of the Family Law Act 1986 (“the 1986 Act”) (disclosure of child's whereabouts);

(f) orders under section 34 of the 1986 Act (return of child).

(g) orders under section 51A of the Adoption and Children Act 2002 (post-adoption contact).

Exclusions2Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions3In this paragraph—“abuse” means physical or mental abuse, including—sexual abuse, andabuse in the form of violence, neglect, maltreatment and exploitation;“adult” means a person aged 18 or over;“child” means a person under the age of 18.

Mediation in family disputes

14

(1) Mediation provided in relation to family disputes.

(2) Civil legal services provided in connection with the mediation of family disputes.

Exclusions3Sub-paragraphs (1) and (2) are subject to the exclusions in Part 2 of this Schedule, with the exception of paragraph 11 of that Part.4But the exclusions described in sub-paragraph (3) are subject to the exception in sub-paragraph (5).5The services described in sub-paragraph (2) include services provided in relation to conveyancing, but only where—athe services in relation to conveyancing are provided in the course of giving effect to arrangements for the resolution of a family dispute, andbservices described in that sub-paragraph or sub-paragraph (1) (other than services in relation to conveyancing) are being or have been provided in relation to the dispute under arrangements made for the purposes of this Part of this Act.6Sub-paragraphs (1) and (2) are subject to the exclusion in Part 3 of this Schedule.

Definitions7For the purposes of this paragraph—aa dispute is a family dispute if it is a dispute between individuals about a matter arising out of a family relationship between the individuals,bthere is a family relationship between two individuals if they are associated with each other, andc“associated” has the same meaning as in Part 4 of the Family Law Act 1996 (see section 62 of that Act).8For the purposes of this paragraph—amatters arising out of a family relationship include matters arising under a family enactment, andb(subject to paragraph (a)) the Lord Chancellor may by regulations make provision about when matters arise out of a family relationship.9In this paragraph—“child” means a person under the age of 18;“family enactment” has the meaning given in paragraph 12.

Children who are parties to family proceedings

15

(1) Civil legal services provided to a child in relation to family proceedings—

(a) where the child is, or proposes to be, the applicant or respondent;

(b) where the child is made a party to the proceedings by a court under rule 16.2 of the Family Procedure Rules;

(c) where the child is a party to the proceedings and is conducting, or proposes to conduct, the proceedings without a children's guardian or litigation friend in accordance with rule 16.6 of the Family Procedure Rules.

Exclusions2Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions3For the purposes of this paragraph—aproceedings are family proceedings if they relate to a matter arising out of a family relationship,bthere is a family relationship between two individuals if they are associated with each other, andc“associated” has the same meaning as in Part 4 of the Family Law Act 1996 (see section 62 of that Act).4For the purposes of this paragraph—amatters arising out of a family relationship include matters arising under a family enactment, andb(subject to paragraph (a)) the Lord Chancellor may by regulations make provision about when matters arise out of a family relationship.5In this paragraph—“child” means a person under the age of 18;“family enactment” has the meaning given in paragraph 12.

Forced marriage

16

(1) Civil legal services provided in relation to forced marriage protection orders under Part 4A of the Family Law Act 1996.

Exclusions2Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Transitional EU arrangements and international agreements concerning children

17

(1) Civil legal services provided in relation to—

(a) an application made to the Lord Chancellor under the 1980 European Convention on Child Custody for the recognition or enforcement in England and Wales of a decision relating to the custody of a child;

(b) an application made to the Lord Chancellor under the 1980 Hague Convention in respect of a child who is, or is believed to be, in England and Wales;

(c) the recognition or enforcement of a judgment in England and Wales in accordance with Article 21, 28, 41, 42 or 48 of the 2003 Brussels Regulation.

Exclusions2Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions3In this paragraph—“the 1980 European Convention on Child Custody” means the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on the Restoration of Custody of Children which was signed in Luxembourg on 20 May 1980;“the 1980 Hague Convention” means the Convention on the Civil Aspects of International Child Abduction which was signed at The Hague on 25 October 1980;“the 2003 Brussels Regulation” means Council Regulation (EC) No. 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility.4For the purposes of this paragraph, an application is made to the Lord Chancellor if it is addressed to the Lord Chancellor or transmitted to the Lord Chancellor in accordance with section 3 or 14 of the Child Abduction and Custody Act 1985.

Transitional EU arrangements and international agreements concerning maintenance

18

(1) Civil legal services provided in relation to an application under the following for the recognition or enforcement in England and Wales of a maintenance order—

(a) the 1968 Brussels Convention;

(b) the 1973 Hague Convention;

(d) the 2000 Brussels Regulation;

(e) the 2007 Lugano Convention.

(2) Civil legal services provided in relation to an application under Article 56 of the EU Maintenance Regulation (applications relating to maintenance decisions).

(3) Civil legal services provided to an individual in relation to proceedings in England and Wales relating to the recognition, enforceability or enforcement of a maintenance decision in circumstances in which the individual falls within Article 47(2) or (3) of the EU Maintenance Regulation (parties who benefited from free legal aid etc in Member State of origin).

(3A) Civil legal services provided in relation to an application under Article 10 of the 2007 Hague Convention (applications relating to maintenance decisions).

(3B) Civil legal services provided to an individual in relation to proceedings in England and Wales relating to the recognition or enforcement of a maintenance decision in circumstances in which—

(a) Article 17(b) of the 2007 Hague Convention (free legal assistance for persons who benefited from such assistance in State of origin) applies to the proceedings by virtue of Article 37(2) of that Convention (direct request to competent authority of Contracting State), and

(b) the individual falls within Article 17(b) as so applied.

Exclusions4Sub-paragraphs (1) to (3B) are subject to—athe exclusions in Part 2 of this Schedule, with the exception of paragraph 11 of that Part, andbthe exclusion in Part 3 of this Schedule.

Definitions5In this paragraph—“the 1968 Brussels Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocol annexed to that Convention) signed at Brussels on 27 September 1968;“the 1973 Hague Convention” means the Convention on the recognition and enforcement of decisions relating to maintenance obligations concluded at The Hague on 2 October 1973;“the 1989 Lugano Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocols annexed to that Convention) opened for signature at Lugano on 16 September 1988 and signed by the United Kingdom on 18 September 1989;“the 2000 Brussels Regulation” means Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters; “ the 2007 Hague Convention ” means the Convention on the international recovery of child support and other forms of family maintenance concluded at The Hague on 23 November 2007; “the 2007 Lugano Convention” means the Convention on jurisdiction and enforcement of judgments in civil and commercial matters, between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Kingdom of Denmark signed on behalf of the European Community on 30 October 2007;“the EU Maintenance Regulation” means Council Regulation (EC) No. 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and co-operation in matters relating to maintenance obligations;“maintenance order”, in relation to a convention or regulation listed in this paragraph, means a maintenance judgment within the meaning of that convention or regulation.

Judicial review

19

(1) Civil legal services provided in relation to judicial review of an enactment, decision, act or omission.

General exclusions2Sub-paragraph (1) is subject to—athe exclusions in Part 2 of this Schedule, with the exception of paragraphs 1, 2, 3, 4, 5, 6, 8, 12, 15, 16 and 18 of that Part, andbthe exclusion in Part 3 of this Schedule.

Specific exclusion: benefit to individual3The services described in sub-paragraph (1) do not include services provided to an individual in relation to judicial review that does not have the potential to produce a benefit for the individual, a member of the individual's family or the environment.4Sub-paragraph (3) does not exclude services provided in relation to a judicial review where the judicial review ceases to have the potential to produce such a benefit after civil legal services have been provided in relation to the judicial review under arrangements made for the purposes of this Part of this Act.

Specific exclusions: immigration cases5The services described in sub-paragraph (1) do not include services provided in relation to judicial review in respect of an issue relating to immigration where—athe same issue, or substantially the same issue, was the subject of a previous judicial review or an appeal to a court or tribunal,bon the determination of the previous judicial review or appeal (or, if there was more than one, the latest one), the court, tribunal or other person hearing the case found against the applicant or appellant on that issue, andcthe services in relation to the new judicial review are provided before the end of the period of 1 year beginning with the day of that determination.6The services described in sub-paragraph (1) do not include services provided in relation to judicial review of removal directions in respect of an individual where the directions were given not more than 1 year after the latest of the following—athe making of the decision (or, if there was more than one, the latest decision) to remove the individual from the United Kingdom by way of removal directions;bthe refusal of leave to appeal against that decision;cthe determination or withdrawal of an appeal against that decision.7Sub-paragraphs (5) and (6) do not exclude services provided to an individual in relation to—ajudicial review of a negative decision in relation to an asylum application (within the meaning of the EU Procedures Directive) where there is no right of appeal to the First-tier Tribunal against the decision;bjudicial review of certification under section 94 or 96 of the Nationality, Immigration and Asylum Act 2002 (certificate preventing or restricting appeal of immigration decision).8Sub-paragraphs (5) and (6) do not exclude services provided in relation to judicial review of removal directions in respect of an individual where prescribed conditions relating to either or both of the following are met—athe period between the individual being given notice of the removal directions and the proposed time for his or her removal;bthe reasons for proposing that period.

Definitions9For the purposes of this paragraph an individual is a member of another individual's family if—athey are relatives (whether of the full blood or half blood or by marriage or civil partnership),bthey are cohabitants (as defined in Part 4 of the Family Law Act 1996), orcone has parental responsibility for the other.10In this paragraph—“EU Procedures Directive” means Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status;“an issue relating to immigration” includes an issue relating to rights described in paragraph 30 of this Part of this Schedule;“judicial review” means—the procedure on an application for judicial review (see section 31 of the Senior Courts Act 1981), but not including the procedure after the application is treated under rules of court as if it were not such an application, andany procedure in which a court, tribunal or other person mentioned in Part 3 of this Schedule is required by an enactment to make a decision applying the principles that are applied by the court on an application for judicial review;“removal directions” means directions under—paragraphs 8 to 10A of Schedule 2 to the Immigration Act 1971 (removal of persons refused leave to enter and illegal entrants);paragraphs 12 to 14 of Schedule 2 to that Act (removal of seamen and aircrew);paragraph 1 of Schedule 3 to that Act (removal of persons liable to deportation);section 10 of the Immigration and Asylum Act 1999 (removal of certain persons unlawfully in the United Kingdom);...

Habeas corpus

20

(1) Civil legal services provided in relation to a writ of habeas corpus ad subjiciendum.

Exclusions2Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Abuse of position or powers by public authority

21

(1) Civil legal services provided in relation to abuse by a public authority of its position or powers.

General exclusions2Sub-paragraph (1) is subject to—athe exclusions in Part 2 of this Schedule, with the exception of paragraphs 1, 2, 3, 4, 5, 6, 8 and 12 of that Part, andbthe exclusion in Part 3 of this Schedule.

Specific exclusion3The services described in sub-paragraph (1) do not include services provided in relation to clinical negligence.

Definitions4For the purposes of this paragraph, an act or omission by a public authority does not constitute an abuse of its position or powers unless the act or omission—ais deliberate or dishonest, andbresults in harm to a person or property that was reasonably foreseeable.5In this paragraph—“clinical negligence” means breach of a duty of care or trespass to the person committed in the course of the provision of clinical or medical services (including dental or nursing services);“public authority” has the same meaning as in section 6 of the Human Rights Act 1998.

Breach of Convention rights by public authority

22

(1) Civil legal services provided in relation to—

(a) a claim in tort, or

(b) a claim for damages (other than a claim in tort),

in respect of an act or omission by a public authority that involves a significant breach of Convention rights by the authority.

Specific exclusion3The services described in sub-paragraph (1) do not include services provided in relation to clinical negligence.

Definitions4In this paragraph—“clinical negligence” means breach of a duty of care or trespass to the person committed in the course of the provision of clinical or medical services (including dental or nursing services);“Convention rights” has the same meaning as in the Human Rights Act 1998;“public authority” has the same meaning as in section 6 of that Act.

Clinical negligence and severely disabled infants

23

(1) Civil legal services provided in relation to a claim for damages in respect of clinical negligence which caused a neurological injury to an individual (“V”) as a result of which V is severely disabled, but only where the first and second conditions are met.

(2) The first condition is that the clinical negligence occurred—

(a) while V was in his or her mother's womb, or

(b) during or after V's birth but before the end of the following period—

(i) if V was born before the beginning of the 37th week of pregnancy, the period of 8 weeks beginning with the first day of what would have been that week;

(ii) if V was born during or after the 37th week of pregnancy, the period of 8 weeks beginning with the day of V's birth.

(3) The second condition is that—

(a) the services are provided to V, or

(b) V has died and the services are provided to V's personal representative.

General exclusions4Sub-paragraph (1) is subject to—athe exclusions in Part 2 of this Schedule, with the exception of paragraphs 1, 2, 3 and 8 of that Part, andbthe exclusion in Part 3 of this Schedule.

Definitions5In this paragraph—“birth” means the moment when an individual first has a life separate from his or her mother and references to an individual being born are to be interpreted accordingly;“clinical negligence” means breach of a duty of care or trespass to the person committed in the course of the provision of clinical or medical services (including dental or nursing services);“disabled” means physically or mentally disabled;“personal representative”, in relation to an individual who has died, means—a person responsible for administering the individual's estate under the law of England and Wales, Scotland or Northern Ireland, ora person who, under the law of another country or territory, has functions equivalent to those of administering the individual's estate.

Special Immigration Appeals Commission

24

(1) Civil legal services provided in relation to proceedings before the Special Immigration Appeals Commission.

Exclusions2Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Immigration: detention

25

(1) Civil legal services provided in relation to—

(a) detention under the authority of an immigration officer;

(b) detention under Schedule 3 to the Immigration Act 1971;

(d) detention under section 36 of the UK Borders Act 2007.

Exclusions2Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Immigration: temporary admission

Immigration: residence etc restrictions

Immigration: victims of domestic abuse, leave to enter and indefinite leave to remain

Immigration: victims of domestic abuse and residence cards

Immigration: rights to enter and remain

Immigration: accommodation for asylum-seekers etc

Victims of trafficking in human beings

Loss of home

Homelessness

Risk to health or safety in rented home

Protection from harassment

Sexual offences

Proceeds of crime

Inquests

Environmental pollution

Equality

Cross-border disputes

Terrorism prevention and investigation measures etc

Connected matters

The services described in Part 1 of this Schedule do not include the services listed in this Part of this Schedule, except to the extent that Part 1 of this Schedule provides otherwise.

18

(1) Civil legal services provided in relation to judicial review of an enactment, decision, act or omission.

(2) In this paragraph “ judicial review ” means—

(a) the procedure on an application for judicial review (see section 31 of the Senior Courts Act 1981), but not including the procedure after the application is treated under rules of court as if it were not such an application, and

(b) any procedure in which a court, tribunal or other person mentioned in Part 3 of this Schedule is required by an enactment to make a decision applying the principles that are applied by the court on an application for judicial review.

The services described in Part 1 of this Schedule do not include advocacy, except as follows—

Exceptions: courts

1

Advocacy in proceedings in the Supreme Court.

2

Advocacy in proceedings in the Court of Appeal.

3

Advocacy in proceedings in the High Court.

4

Advocacy in proceedings in the Court of Protection to the extent that they concern—

(a) a person's right to life,

(b) a person's liberty or physical safety,

(d) a person's capacity to marry, to enter into a civil partnership or to enter into sexual relations, or

(e) a person's right to family life.

5

Advocacy in proceedings in the county court.

6

Advocacy in the following proceedings in the Crown Court—

(a) proceedings for the variation or discharge of an order under section 360 of the Sentencing Code or section 5A of the Protection from Harassment Act 1997, ...

(aa) proceedings on an appeal under section 10(1)(b) of the Crime and Disorder Act 1998(1) against the making of a parenting order where an injunction is granted under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014,

(b) proceedings under the Proceeds of Crime Act 2002 in relation to matters listed in paragraph 40 of Part 1 of this Schedule.

(d) proceedings on an appeal under section 15 of the Anti-social Behaviour, Crime and Policing Act 2014 ...

(e) proceedings for the variation or discharge of an order under paragraph 1 of Schedule 2 to the Female Genital Mutilation Act 2003 ,

(ea) proceedings in relation to an application for the variation or discharge of a domestic abuse protection order under section 44(2)(a) of the Domestic Abuse Act 2021, and

(f) proceedings on an appeal under section 46(1) or (5) of that Act.

7

Advocacy in a magistrates' court that falls within the description of civil legal services in any of the following provisions of Part 1 of this Schedule—

(a) paragraph 1(1)(e)

(b) paragraph 1(2) so far as relating to paragraph (1)(1)(e),

(ba) paragraph 11(1A)(a) and, in so far as the proceedings relate to an application to vary or discharge a domestic abuse protection order, paragraph 11(1A)(c), and

8

Advocacy in the following proceedings in a magistrates' court—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) proceedings in relation to—

(i) bail under Schedule 2 to the Immigration Act 1971, or

(ii) arrest under Schedule 2 or 3 to that Act,

(c) proceedings for the variation or discharge of an order under section 360 of the Sentencing Code or section 5A of the Protection from Harassment Act 1997, ...

(d) proceedings under the Proceeds of Crime Act 2002 in relation to matters listed in paragraph 40 of Part 1 of this Schedule ; and

(e) proceedings for the variation or discharge of an order under paragraph 1 of Schedule 2 to the Female Genital Mutilation Act 2003.

Exceptions: tribunals

9

Advocacy in proceedings in the First-tier Tribunal under—

(a) the Mental Health Act 1983, or

(b) paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 1984.

10

Advocacy in proceedings in the Mental Health Review Tribunal for Wales.

11

Advocacy in proceedings in the First-tier Tribunal under—

(a) Schedule 2 to the Immigration Act 1971, or

(b) Part 5 of the Nationality, Immigration and Asylum Act 2002.

12

Advocacy in proceedings in the First-tier Tribunal under—

(a) section 40A of the British Nationality Act 1981, or

(b) regulation 26 of the Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003),

but only to the extent that the proceedings concern contravention of the Equality Act 2010.

13

Advocacy in the First-tier Tribunal that falls within the description of civil legal services in paragraph 28, 29 31A, or , 32(1) or 32A(1) of Part 1 of this Schedule.

14

Advocacy in proceedings in the First-tier Tribunal under—

(a) section 4 or 4A of the Protection of Children Act 1999 (appeals and applications relating to list of barred from regulated activities with children or vulnerable adults),

(b) section 86 or 87 of the Care Standards Act 2000 (appeals and applications relating to list of persons unsuitable to work with vulnerable adults),

(c) section 32 of the Criminal Justice and Court Services Act 2000 (applications relating to disqualification orders), or

(d) section 144 of the Education Act 2002 (appeals and reviews relating to direction prohibiting person from teaching etc).

15

Advocacy in proceedings in the Upper Tribunal arising out of proceedings within any of paragraphs 9 to 14 of this Part of this Schedule.

16

Advocacy in proceedings in the Upper Tribunal under section 4 of the Safeguarding Vulnerable Groups Act 2006.

17

Advocacy in proceedings in the Upper Tribunal under section 11 of the Tribunals, Courts and Enforcement Act 2007 (appeals on a point of law) from decisions made by the First-tier Tribunal or the Education Tribunal for Wales in proceedings under—

(a) Part 4 of the Education Act 1996 (special educational needs),

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