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

(b) orders under section 47M of the 2002 Act (detention of property);

(d) directions under section 62 of the 2002 Act (action to be taken by receiver);

(e) orders under section 67A of the 2002 Act (realising property), including directions under section 67D of that Act (distribution of proceeds of realisation);

(f) orders under section 72 or 73 of the 2002 Act (compensation);

(g) applications under section 351 of the 2002 Act (discharge or variation of a production order or order to grant entry);

(h) applications under section 362 of the 2002 Act (discharge or variation of disclosure order);

(i) applications under section 369 of the 2002 Act (discharge or variation of customer information order);

(j) applications under section 375 of the 2002 Act (discharge or variation of account monitoring orders).

General exclusions2Sub-paragraph (1) is subject to—athe exclusions in Part 2 of this Schedule, with the exception of paragraph 14 of that Part, andbthe exclusion in Part 3 of this Schedule.

Specific exclusions3Where a confiscation order has been made under Part 2 of the 2002 Act against a defendant, the services described in sub-paragraph (1) do not include services provided to the defendant in relation to—adirections under section 54(3) of that Act (distribution of funds in the hands of a receiver), orbdirections under section 67D of that Act (distribution of proceeds of realisation),that relate to property recovered pursuant to the order.4Where a confiscation order has been made under Part 2 of the 2002 Act against a defendant and varied under section 29 of that Act, the services described in sub-paragraph (1) do not include services provided in relation to an application by the defendant under section 73 of that Act (compensation).

Inquests

41

(1) Civil legal services provided to an individual in relation to an inquest under the Coroners Act 1988 into the death of a member of the individual's family.

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

Definitions3For 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.

Environmental pollution

42

(1) Civil legal services provided in relation to injunctions in respect of nuisance arising from prescribed types of pollution of the environment.

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

Equality

43

(1) Civil legal services provided in relation to contravention of the Equality Act 2010 or a previous discrimination enactment.

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

Definitions3In this paragraph “previous discrimination enactment” means—athe Equal Pay Act 1970;bthe Sex Discrimination Act 1975;cthe Race Relations Act 1976;dthe Disability Discrimination Act 1995;ethe Employment Equality (Religion or Belief) Regulations 2003 (S.I. 2003/1660);fthe Employment Equality (Sexual Orientation) Regulations 2003 (S.I. 2003/1661);gthe Equality Act 2006;hthe Employment Equality (Age) Regulations 2006 (S.I. 2006/1031);ithe Equality Act (Sexual Orientation) Regulations 2007 (S.I. 2007/1263).4The reference in sub-paragraph (1) to contravention of the Equality Act 2010 or a previous discrimination enactment includes—abreach of a term modified by, or included by virtue of, a provision that is an equality clause or equality rule for the purposes of the Equal Pay Act 1970 or the Equality Act 2010, andbbreach of a provision that is a non-discrimination rule for the purposes of the Equality Act 2010.

Cross-border disputes

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Terrorism prevention and investigation measures etc

45

(1) Civil legal services provided to an individual in relation to a TPIM notice relating to the individual.

(2) Civil legal services provided to an individual in relation to control order proceedings relating to the individual.

Exclusions3Sub-paragraphs (1) and (2) are subject to the exclusions in Parts 2 and 3 of this Schedule.4In this paragraph—“control order proceedings” means proceedings described in paragraph 3(1)(a) to (e) of Schedule 8 to the Terrorism Prevention and Investigation Measures Act 2011 (“the 2011 Act”);“TPIM notice” means a notice under section 2(1) of the 2011 Act.

Connected matters

46

(1) Prescribed civil legal services provided, in prescribed circumstances, in connection with the provision of services described in a preceding paragraph of this Part of this Schedule.

Exclusions2Sub-paragraph (1) is subject to—athe exclusions in Parts 2 and 3 of this Schedule, except to the extent that regulations under this paragraph provide otherwise, andbany other prescribed exclusions.

Part 2 — Excluded services

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.

1

Civil legal services provided in relation to personal injury or death.

2

Civil legal services provided in relation to a claim in tort in respect of negligence.

3

Civil legal services provided in relation to a claim in tort in respect of assault, battery or false imprisonment.

4

Civil legal services provided in relation to a claim in tort in respect of trespass to goods.

5

Civil legal services provided in relation to a claim in tort in respect of trespass to land.

6

Civil legal services provided in relation to damage to property.

7

Civil legal services provided in relation to defamation or malicious falsehood.

8

Civil legal services provided in relation to a claim in tort in respect of breach of statutory duty.

9

Civil legal services provided in relation to conveyancing.

10

Civil legal services provided in relation to the making of wills.

11

Civil legal services provided in relation to matters of trust law.

12

(1) Civil legal services provided in relation to a claim for damages in respect of a breach of Convention rights by a public authority to the extent that the claim is made in reliance on section 7 of the Human Rights Act 1998.

(2) In this paragraph—

“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.

13

Civil legal services provided in relation to matters of company or partnership law.

14

Civil legal services provided to an individual in relation to matters arising out of or in connection with—

(a) a proposal by that individual to establish a business,

(b) the carrying on of a business by that individual (whether or not the business is being carried on at the time the services are provided), or

15

(1) Civil legal services provided in relation to a benefit, allowance, payment, credit or pension under—

(a) a social security enactment,

(b) the Vaccine Damage Payments Act 1979, or

(2) In this paragraph “social security enactment” means—

(a) the Social Security Contributions and Benefits Act 1992,

(b) the Jobseekers Act 1995,

(d) the Tax Credits Act 2002,

(e) the Welfare Reform Act 2007,

(f) the Welfare Reform Act 2012, or

(g) any other enactment relating to social security.

16

Civil legal services provided in relation to compensation under the Criminal Injuries Compensation Scheme.

17

Civil legal services provided in relation to changing an individual's name.

Part 3 — Advocacy: exclusion and exceptions

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 a county court.

6

Advocacy in the following proceedings in the Crown Court—

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

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

7

Advocacy in a magistrates’ court that falls within the description of civil legal services in any of paragraphs 1, 11 to 13 and 15 to 18 of Part 1 of this Schedule.

8

Advocacy in the following proceedings in a magistrates’ court—

(a) proceedings under section 47 of the National Assistance Act 1948,

(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 5 or 5A of the Protection from Harassment Act 1997, and

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

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 or 32(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 Special Educational Needs Tribunal for Wales in proceedings under—

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

(b) the Equality Act 2010.

18

Advocacy in proceedings which are brought before the Upper Tribunal (wholly or primarily) to exercise its judicial review jurisdiction under section 15 of the Tribunals, Courts and Enforcement Act 2007.

19

Advocacy where judicial review applications are transferred to the Upper Tribunal from the High Court under section 31A of the Senior Courts Act 1981.

20

Advocacy in proceedings in the Employment Appeal Tribunal, but only to the extent that the proceedings concern contravention of the Equality Act 2010.

Other exceptions

21

Advocacy in proceedings in the Special Immigration Appeals Commission.

22

Advocacy in proceedings in the Proscribed Organisations Appeal Commission.

23

Advocacy in legal proceedings before any person to whom a case is referred (in whole or in part) in any proceedings within any other paragraph of this Part of this Schedule.

24

Advocacy in bail proceedings before any court which are related to proceedings within any other paragraph of this Part of this Schedule.

25

Advocacy in proceedings before any person for the enforcement of a decision in proceedings within any other paragraph of this Part of this Schedule.

Part 4 — Interpretation

1

For the purposes of this Part of this Act, civil legal services are described in Part 1 of this Schedule if they are described in one of the paragraphs of that Part (other than in an exclusion), even if they are (expressly or impliedly) excluded from another paragraph of that Part.

2

References in this Schedule to an Act or instrument, or a provision of an Act or instrument—

(a) are references to the Act, instrument or provision as amended from time to time, and

(b) include the Act, instrument or provision as applied by another Act or instrument (with or without modifications).

3

References in this Schedule to services provided in relation to an act, omission or other matter of a particular description (however expressed) include services provided in relation to an act, omission or other matter alleged to be of that description.

4

References in this Schedule to services provided in relation to proceedings, orders and other matters include services provided when such proceedings, orders and matters are contemplated.

5

(1) Where a paragraph of Part 1 or 2 of this Schedule describes services that consist of or include services provided in relation to proceedings, the description is to be treated as including, in particular—

(a) services provided in relation to related bail proceedings,

(b) services provided in relation to preliminary or incidental proceedings,

(d) services provided in relation to the enforcement of decisions in the proceedings.

(2) Where a paragraph of Part 3 of this Schedule describes advocacy provided in relation to particular proceedings in or before a court, tribunal or other person, the description is to be treated as including services provided in relation to preliminary or incidental proceedings in or before the same court, tribunal or other person.

(3) Regulations may make provision specifying whether proceedings are or are not to be regarded as preliminary or incidental for the purposes of this paragraph.

6

For the purposes of this Schedule, regulations may make provision about—

(a) when services are provided in relation to a matter;

(b) when matters arise under a particular enactment;

(d) when proceedings are related to other proceedings.

7

In this Schedule “enactment” includes—

(a) an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), and

(b) an enactment contained in, or in an instrument made under, an Act or Measure of the National Assembly for Wales.

SCHEDULE 2

Amounts payable in connection with criminal legal aid

1

(1) This Schedule makes provision about the recovery of—

(a) an amount payable in connection with the provision of criminal legal aid which is unpaid after the time when it is required to be paid under section 23,

(b) interest in respect of such an amount which is required to be paid under that section, and

(c) an amount required to be paid under section 24 in respect of costs incurred in connection with the enforcement of an obligation to pay an amount or interest described in paragraph (a) or (b).

(2) Such amounts and interest are referred to in this Schedule as “relevant overdue amounts”.

(3) In this Schedule “criminal legal aid” means—

(a) advice and assistance required to be made available under section 13 or 15, and

(b) representation required to be made available made under section 16.

Recovery by means of motor vehicle orders

2

(1) Regulations under section 24 may authorise a court to make motor vehicle orders in respect of an individual for the purpose of enabling a relevant overdue amount required to be paid by the individual to be recovered by the person to whom the amount is due.

(2) Regulations that make such provision are referred to in this Schedule as “MVO regulations”.

(3) In this Schedule “court” means the High Court, the county court or a magistrates' court.

Motor vehicle orders

3

(1) In this Schedule “motor vehicle order” means—

(a) a clamping order;

(b) a vehicle sale order.

(2) A clamping order is an order—

(a) that a motor vehicle be fitted with an immobilisation device (“clamped”), and

(b) which complies with any requirements that are imposed by MVO regulations with respect to the making of clamping orders.

(3) A vehicle sale order is an order that—

(a) a motor vehicle which is the subject of a clamping order is to be sold or otherwise disposed of in accordance with provision made by MVO regulations, and

(b) any proceeds are to be applied, in accordance with MVO regulations, in discharging the individual's liability in respect of the relevant overdue amount.

(4) MVO regulations may make provision in connection with—

(a) the procedure for making motor vehicle orders,

(b) the matters which must be included in such orders,

(d) the fixing of notices to motor vehicles to which immobilisation devices have been fitted and the content of such notices,

(e) the removal and storage of motor vehicles,

(f) the release of motor vehicles from immobilisation devices or from storage, including the conditions to be met before a motor vehicle is released,

(g) the sale or other disposal of motor vehicles not released,

(h) the imposition of charges in connection with the fitting of immobilisation devices,

(i) the imposition of charges in connection with the removal, storage, release (whether from immobilisation devices or from storage), sale or disposal of motor vehicles, and

(j) the recovery of charges described in paragraphs (h) and (i), including provision for them to be recovered from the proceeds of sale of motor vehicles.

(5) In this Schedule—

“immobilisation device” has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984 (immobilisation of vehicles illegally parked);

“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, except that section 189 of the Road Traffic Act 1988 (exceptions for certain vehicles) applies for the purposes of this Schedule as it applies for the purposes of the Road Traffic Acts.

Applications

4

MVO regulations must provide that a motor vehicle order may be made in relation to a relevant overdue amount only on the application of the person to whom the amount is due.

Matters of which court to be satisfied

5

(1) MVO regulations must provide that, before a court makes a clamping order in respect of an individual, it must be satisfied—

(a) that the failure to pay the relevant overdue amount is attributable to the individual's wilful refusal or culpable neglect, and

(b) that the value of the motor vehicle or vehicles to be clamped, if sold, would be likely to be an amount which exceeds half of the estimated recoverable amount.

(2) In this paragraph “the estimated recoverable amount” means the aggregate of—

(a) the relevant overdue amount, and

(b) the amount of the likely charges due under MVO regulations in relation to the motor vehicle or vehicles.

Ownership of motor vehicles

6

(1) MVO regulations must provide that a clamping order must not be made except in relation to a motor vehicle which is owned by the individual liable to pay the relevant overdue amount.

(2) For this purpose a motor vehicle is owned by an individual if the individual has an interest in the motor vehicle.

Motor vehicles used by disabled persons

7

(1) MVO regulations must provide that an immobilisation device may not be fitted to a motor vehicle—

(a) which displays a current disabled person's badge or a current recognised badge, or

(b) in relation to which there are reasonable grounds for believing that it is used for the carriage of a disabled person.

(2) In this paragraph—

“disabled person's badge” means a badge issued, or having effect as if issued, under regulations under section 21 of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons);

“recognised badge” has the meaning given by section 21A of the Chronically Sick and Disabled Persons Act 1970 (recognition of badges issued outside Great Britain).

Restrictions on making vehicle sale orders

8

MVO regulations must provide that, where a motor vehicle has been clamped under a clamping order, no vehicle sale order may be made in respect of the motor vehicle before the end of a prescribed period.

SCHEDULE 3

Legal persons

1

In this Schedule “legal person” means a person other than an individual.

Exceptional case determinations

2

(1) For the purposes of this Schedule, in relation to a legal person and civil legal services, advice, assistance or representation for the purposes of criminal proceedings, an exceptional case determination is a determination that sub-paragraph (2) or (3) is satisfied.

(2) This sub-paragraph is satisfied if it is necessary to make the services available to the legal person under this Part because failure to do so would be a breach of—

(a) the person's Convention rights (within the meaning of the Human Rights Act 1998), or

(b) any rights of the person to the provision of legal services that are assimilated enforceable rights.

(3) This sub-paragraph is satisfied if it is appropriate to make the services available to the legal person under this Part, in the particular circumstances of the case, having regard to any risk that failure to do so would be such a breach.

Civil legal aid

3

(1) Civil legal services are to be available to a legal person under this Part only if the Director—

(a) has made an exceptional case determination in relation to the person and the services, and

(b) has determined that the person qualifies for the services in accordance with this Part,

(and has not withdrawn either determination).

(2) Sections 11 and 12(1) apply in relation to a determination under sub-paragraph (1)(b) as they apply in relation to a determination under section 10(2)(b).

(3) Subsections (2) to (6) of section 12 apply in relation to a determination under this paragraph as they apply in relation to a determination under section 10.

(4) In sections 11 and 12 as applied by this paragraph, references to an individual include a legal person.

Advice and assistance for criminal proceedings

4

(1) Regulations may provide that prescribed advice and assistance is to be available under this Part to a legal person described in sub-paragraph (2) if—

(a) prescribed conditions are met,

(b) the Director has made an exceptional case determination in relation to the person and the advice and assistance (and has not withdrawn that determination), and

(c) the Director has determined that the legal person qualifies for such advice and assistance in accordance with the regulations (and has not withdrawn that determination).

(2) Those legal persons are—

(a) legal persons who are involved in investigations which may lead to criminal proceedings, and

(b) legal persons who are before a court, tribunal or other person in criminal proceedings.

(3) Subsections (3) to (9) of section 15 apply in relation to regulations under this paragraph (and decisions made under such regulations) as they apply in relation to regulations under that section (and decisions made under such regulations).

(4) In those subsections as applied by this paragraph, references to an individual include a legal person.

(5) In this paragraph “assistance” includes, in particular, assistance in the form of advocacy.

Representation for criminal proceedings

5

(1) Representation for the purposes of criminal proceedings is to be available under this Part to a legal person if—

(a) the person is a specified legal person in relation to the proceedings, or

(b) the proceedings involve the person resisting an appeal to the Crown Court otherwise than in an official capacity,

and the conditions in sub-paragraph (2) are met.

(2) Those conditions are that the Director—

(a) has made an exceptional case determination in relation to the legal person and representation for the purposes of the proceedings, and

(b) has determined (provisionally or otherwise) that the legal person qualifies for such representation in accordance with this Part,

(and has not withdrawn either determination).

(3) Where a legal person qualifies under this Part for representation for the purposes of criminal proceedings, representation is also to be available to the legal person for the purposes of any preliminary or incidental proceedings.

(4) Regulations under section 16(4) and (5) apply for the purposes of sub-paragraph (3) as they apply for the purposes of section 16(3), except to the extent that the regulations provide otherwise.

(5) Section 17(1)(b) applies in relation to an exceptional case determination under sub-paragraph (2)(a) as it applies in relation to a determination under section 16.

(6) Paragraphs (a) and (b) of section 17(1) apply in relation to a determination under sub-paragraph (2)(b) as they apply in relation to a determination under section 16.

(7) Subsections (2) to (7) of section 18 apply in relation to a determination under sub-paragraph (2) (and a decision in relation to the interests of justice for the purposes of such a determination) as they apply in relation to a determination under section 16 (and a decision for the purposes of such a determination).

(8) The Director may not make a provisional determination under sub-paragraph (2)(b) unless authorised to do so by regulations under sub-paragraph (9).

(9) Regulations may provide that the Director may make a provisional determination that a legal person qualifies under this Part for representation for the purposes of criminal proceedings where—

(a) the legal person is involved in an investigation which may result in criminal proceedings,

(b) the determination is made for the purposes of criminal proceedings that may result from the investigation, and

(10) Subsections (2) and (3) of section 20 apply in relation to regulations under sub-paragraph (9) (and determinations and decisions made under such regulations) as they apply in relation to regulations under that section (and determinations and decisions made under such regulations).

(11) In sections 17, 18 and 20 as applied by this paragraph—

(a) references to an individual include a legal person,

(b) references to the relevant authority have effect as if they were references to the Director, and

(c) the reference in section 20(2)(d) to a determination made by the Director or a court in reliance on section 18 or 19 has effect as if it were a reference to a determination by the Director under sub-paragraph (2)(b) made otherwise than in reliance on regulations under sub-paragraph (9).

(12) Regulations may prescribe circumstances in which making representation available to a legal person for the purposes of criminal proceedings is to be taken to be in the interests of justice for the purposes of a determination under this paragraph.

(13) In this paragraph “specified legal person”, in relation to criminal proceedings, means a description of legal person specified in regulations in relation to those proceedings.

Financial resources

6

Section 21 applies for the purposes of a determination under paragraph 3(1)(b) or 5(2)(b), or under regulations under paragraph 4 or 5(9), as if the references to an individual included a legal person.

Contributions and costs

7

In sections 23, 24, 25 and 26 and Schedule 2, references to an individual include a legal person to whom services are made available under this Part in accordance with this Schedule or regulations under this Schedule.

8

In Schedule 2, references to criminal legal aid include advice, assistance and representation required to be made available under paragraph 4 or 5 of this Schedule.

Providers of services etc

9

(1) Section 27 applies in relation to the provision of services to a legal person in accordance with this Schedule or regulations under this Schedule as it applies in relation to the provision of services to an individual under this Part.

(2) In that section as applied by this paragraph—

(a) references to an individual include a legal person,

(b) the reference to a determination under section 16 includes a determination under paragraph 5(2)(b) of this Schedule, and

(3) In sections 28, 29 and 30, references to an individual include a legal person to whom services are made available under this Part in accordance with this Schedule or regulations under this Schedule.

Supplementary matters

10

In sections 34, 35 and 41(2), references to an individual include a legal person to whom services are made available under this Part in accordance with this Schedule or regulations under this Schedule or who is seeking the provision of such services.

SCHEDULE 4

Part 1 — Transfer of employees etc

Transfer

1

(1) An individual who is an employee of the Legal Services Commission (“the LSC”) immediately before the transfer day becomes employed in the civil service of the State on that day.

(2) The terms and conditions of the individual's contract of employment immediately before the transfer day have effect, on and after that day, as if they were terms and conditions of the individual's employment in the civil service of the State, subject to paragraph 4(1) and (2).

(3) All of the rights, powers, duties and liabilities of the LSC in connection with the individual's employment are transferred to the Crown on the transfer day, subject to paragraph 4(1) and (2).

(4) Anything done (or having effect as if done) before the transfer day—

(a) by or in relation to the LSC, and

(b) for the purposes of, or in connection with, anything transferred by virtue of sub-paragraphs (1) to (3),

is to have effect, so far as necessary for continuing its effect on and after that day, as if done by or in relation to the Crown.

(5) Anything which is in the process of being done immediately before the transfer day—

(a) by or in relation to the LSC, and

(b) for the purposes of, or in connection with, anything transferred by virtue of sub-paragraphs (1) to (3),

may be continued by or in relation to the Crown.

(6) A reference to the LSC in a document, including an enactment, constituting or relating to anything transferred by virtue of sub-paragraphs (1) to (3) is to have effect, so far as is necessary for giving effect to those sub-paragraphs, as a reference to the Crown.

Continuity of employment

2

A transfer under paragraph 1 does not break the continuity of the individual's employment and accordingly—

(a) the individual is not to be regarded for the purposes of Part 11 of the Employment Rights Act 1996 (redundancy) as having been dismissed by reason of that transfer, and

(b) the individual's period of employment with the LSC counts as a period of employment in the civil service of the State for the purposes of that Act.

Right to object to transfer

3

(1) This paragraph has effect where, before the transfer day, an individual who is an employee of the LSC informs the LSC or the Lord Chancellor that the individual objects to becoming employed in the civil service of the State by virtue of paragraph 1(1).

(2) Where this paragraph has effect—

(a) the individual does not become employed in the civil service of the State by virtue of paragraph 1(1),

(b) the rights, powers, duties and liabilities under the individual's contract of employment do not transfer by virtue of paragraph 1(3),

(d) the individual is not to be treated, for any purpose, as having been dismissed by the LSC by reason of the termination of the contract under this paragraph.

Pension schemes and compensation schemes

4

(1) On and after the transfer day, the terms and conditions of employment of an individual who is employed in the civil service of the State by virtue of paragraph 1(1) do not include any term or condition that was part of the individual's contract of employment immediately before the transfer day and that relates to—

(a) an occupational pension scheme,

(b) a compensation scheme, or

(2) Accordingly, paragraph 1(3) does not apply in relation to rights, powers, duties or liabilities under or in connection with an occupational pension scheme or a compensation scheme.

(3) The Lord Chancellor may make one or more schemes providing for the transfer to the Lord Chancellor or the Secretary of State of the LSC's rights, powers, duties and liabilities under or in connection with—

(a) an occupational pension scheme, or

(b) a compensation scheme,

whether the rights, powers, duties and liabilities arise under the occupational pension scheme or compensation scheme, under an enactment, under a contract of employment or otherwise.

(4) A transfer scheme may provide that anything done (or having effect as if done) before the day on which the transfer scheme takes effect—

(a) by or in relation to the LSC, and

(b) for the purposes of, or in connection with, anything transferred by virtue of the transfer scheme,

is to have effect, so far as is necessary for continuing its effect on and after that day, as if done by or in relation to the transferee.

(5) A transfer scheme may provide that anything which is in the process of being done immediately before the day on which the transfer scheme takes effect—

(a) by or in relation to the LSC, and

(b) for the purposes of, or in connection with, anything transferred by virtue of the transfer scheme,

may be continued by or in relation to the transferee.

(6) A transfer scheme may provide that a reference to the LSC in a document, including an enactment, constituting or relating to anything transferred by virtue of the scheme is to have effect, so far as is necessary for giving effect to that scheme, as a reference to the transferee.

(7) A transfer scheme may, so far as is necessary for giving effect to that scheme, provide that an enactment that applies in relation to compensation schemes or occupational pension schemes applies to a compensation scheme or occupational pension scheme that is the subject of the transfer scheme, the members of such a scheme or the transferee with modifications specified in the transfer scheme.

(8) A transfer scheme may—

(a) amend or otherwise modify a compensation scheme that is the subject of the transfer scheme, and

(b) create, modify or remove rights, powers, duties or liabilities under or in connection with such a scheme.

(9) The powers under sub-paragraph (8) include power to amend or otherwise modify any instrument relating to the constitution, management or operation of a compensation scheme.

(10) Transfer schemes amending or otherwise modifying a compensation scheme have effect in spite of any provision (of any nature) which would otherwise prevent or restrict the amendment or modification.

(11) A transfer scheme may include consequential, incidental, supplementary, transitional, transitory and saving provision.

(11A) Where an individual—

(a) was a member of a relevant LSC scheme immediately before the transfer day,

(b) had been a member of that scheme immediately before 1 April 2012, and

(c) becomes, on or after the transfer day, a member of a civil service scheme by virtue of employment in the civil service of the State,

the individual is to be regarded, for the purposes of section 18(5) of the Public Service Pensions Act 2013 (transitional protection under existing schemes), as having been a member of the civil service scheme immediately before 1 April 2012.

(11B) In sub-paragraph (11A)—

(a) “relevant LSC scheme” means a scheme made or treated as made under paragraph 10(1) of Schedule 1 to the Access to Justice Act 1999;

(b) “civil service scheme” means a scheme under section 1 of the Superannuation Act 1972.

(12) In this paragraph—

“compensation scheme” means so much of any scheme as makes provision for payment by way of compensation on or in respect of termination of employment;

“occupational pension scheme” has the same meaning as in the Pension Schemes Act 1993;

“transfer scheme” means a scheme made under sub-paragraph (3).

Power to merge LSC occupational pension schemes

5

(1) The Lord Chancellor may make a scheme providing for the merger of LSC occupational pension schemes.

(2) A scheme under this paragraph may in particular—

(a) provide for the assets and liabilities of one LSC occupational pension scheme to become assets and liabilities of another,

(b) create, modify or remove rights, powers, duties or liabilities under or in connection with an LSC occupational pension scheme,

(d) provide for references to one LSC occupational pension scheme in a document, including an enactment, to have effect as references to another, and

(e) include consequential, incidental, supplementary, transitional, transitory and saving provision.

(3) A scheme under this paragraph may in particular amend or otherwise modify—

(a) the trust deed of an LSC occupational pension scheme,

(b) rules of an LSC occupational pension scheme, and

(4) A scheme under this paragraph must ensure that the merger of the LSC occupational pension schemes does not, to any extent, deprive members of the LSC occupational pension schemes, or other beneficiaries under those schemes, of rights that accrue to them under those schemes before the merger takes effect.

(5) Subject to sub-paragraph (4), a scheme under this paragraph has effect in spite of any provision (of any nature) which would otherwise prevent the merger of the LSC occupational pension schemes.

(6) In this paragraph—

“LSC occupational pension scheme” means an occupational pension scheme under which—the LSC has rights, powers, duties or liabilities, orthe Lord Chancellor or the Secretary of State has rights, powers, duties or liabilities by virtue of a scheme under paragraph 4(3);

“occupational pension scheme” has the same meaning as in the Pension Schemes Act 1993.

Part 2 — Transfer of property etc

Transfer of interests in land

6

(1) The LSC's interests in land are by virtue of this sub-paragraph transferred to the Secretary of State for Communities and Local Government on the transfer day.

(2) Anything done (or having effect as if done) before the transfer day—

(a) by or in relation to the LSC, and

(b) for the purposes of, or in connection with, anything transferred by virtue of sub-paragraph (1),

is to have effect, so far as is necessary for continuing its effect on and after that day, as if done by or in relation to the Secretary of State for Communities and Local Government.

(3) Anything which is in the process of being done immediately before the transfer day—

(a) by or in relation to the LSC, and

(b) for the purposes of, or in connection with, anything transferred by virtue of sub-paragraph (1),

may be continued by or in relation to the Secretary of State for Communities and Local Government.

(4) A reference to the LSC in a document, including an enactment, constituting or relating to anything transferred by virtue of sub-paragraph (1) is to have effect, so far as is necessary for giving effect to that sub-paragraph, as a reference to the Secretary of State for Communities and Local Government.

(5) In this paragraph—

“interest in land” means—an estate or interest in land, andany rights, powers, duties or liabilities of the LSC in connection with such an estate or interest,

but does not include a charge on an estate or interest in land;

“land” includes buildings and other structures.

Transfer of other property, rights and liabilities

7

(1) The property, rights, powers, duties and liabilities of the LSC are by virtue of this sub-paragraph transferred to the Lord Chancellor on the transfer day.

(2) Sub-paragraph (1) does not apply to—

(a) property, rights, powers, duties and liabilities transferred by virtue of paragraph 1 or 6, or

(b) rights, powers, duties and liabilities described in paragraph 4(3).

(3) Anything done (or having effect as if done) before the transfer day—

(a) by or in relation to the LSC, and

(b) for the purposes of, or in connection with, anything transferred by virtue of sub-paragraph (1),

is to have effect, so far as is necessary for continuing its effect on and after that day, as if done by or in relation to the Lord Chancellor.

(4) Anything which is in the process of being done immediately before the transfer day—

(a) by or in relation to the LSC, and

(b) for the purposes of, or in connection with, anything transferred by virtue of sub-paragraph (1),

may be continued by or in relation to the Lord Chancellor.

(5) A reference to the LSC in a document, including an enactment, constituting or relating to anything transferred by virtue of sub-paragraph (1) is to have effect, so far as is necessary for giving effect to that sub-paragraph, as a reference to the Lord Chancellor.

Part 3 — Supplementary

Disapplying restrictions on transfer

8

Paragraphs 1, 6 and 7 and schemes under paragraph 4 have effect in relation to property, rights, powers, duties and liabilities in spite of any provision (of any nature) which would otherwise prevent or restrict their transfer.

Certificate

9

A certificate issued by the Lord Chancellor stating that anything specified in the certificate has vested in a person specified in the certificate by virtue of any of paragraphs 1, 6 and 7 or a scheme under paragraph 4 is conclusive evidence of that fact for all purposes.

Validity

10

The transfer of property, rights, powers, duties or liabilities by any of paragraphs 1, 6 and 7 or a scheme under paragraph 4 does not affect the validity of anything done by or in relation to the LSC before that paragraph or scheme has effect.

Power to make further provision

11

(1) The Lord Chancellor may by regulations make consequential, supplementary, incidental, transitional, transitory or saving provision in connection with—

(a) transfers effected by this Schedule, or

(b) schemes made under this Schedule.

(2) The regulations may, in particular, include provision modifying an enactment (whenever passed or made), including this Schedule.

Interpretation

12

(1) In this Schedule—

“the LSC” means the Legal Services Commission;

“the transfer day” means the day on which section 38(1) comes into force (subject to regulations under sub-paragraph (2));

“enactment” means an enactment contained in an Act or an instrument made under an Act (and “Act” includes an Act or Measure of the National Assembly for Wales).

(2) The Lord Chancellor may by regulations amend or otherwise modify the definition of “the transfer day” in sub-paragraph (1).

SCHEDULE 5

Part 1 — Amendments

Public Records Act 1958 (c. 51)

1

In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 1 of the Table at the end of paragraph 3, in the second column omit “Legal Services Commission.”

Parliamentary Commissioner Act 1967 (c. 13)

2

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) omit “Legal Services Commission.”

Criminal Appeal Act 1968 (c. 19)

3

In section 50 of the Criminal Appeal Act 1968 (meaning of “sentence”), in subsection (3) for “under section 17 of the Access to Justice Act 1999” substitute “ relating to a requirement to make a payment under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

Children and Young Persons Act 1969 (c. 54)

4

(1) Section 23(5A) of the Children and Young Persons Act 1969 (restrictions on imposing security requirement on child or young person who is not legally represented) is amended as follows.

(2) In paragraph (a)—

(a) for the words from the beginning to “but the right” substitute “ representation was provided to the child or young person under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 for the purposes of the proceedings but ”, and

(b) for “to be granted such a right” substitute “ for such representation ”.

(3) In paragraph (aa) for “to be granted a right to it” substitute “ for such representation ”.

5

(1) In section 23 of that Act as it has effect pursuant to section 98 of the Crime and Disorder Act 1998 (restrictions on remand of boy who is not legally represented), subsection (4A) is amended as follows.

(2) In paragraph (a)—

(a) for the words from the beginning to “but the right” substitute “ representation was provided to the person under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 for the purposes of the proceedings but ”, and

(b) for “to be granted such a right” substitute “ for such representation ”.

(3) In paragraph (aa) for “to be granted a right to it” substitute “ for such representation ”.

Attachment of Earnings Act 1971 (c. 32)

6

In section 1(3)(c) of the Attachment of Earnings Act 1971 (cases in which magistrates' court may make attachment of earnings order) for the words from “paid by” to the end substitute “ paid under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

Solicitors Act 1974 (c. 47)

7

The Solicitors Act 1974 is amended as follows.

8

(1) Section 47 (jurisdiction and powers of Tribunal) is amended as follows.

(2) In subsections (2)(d), (2B) and (2D) for “providing representation funded by the Legal Services Commission as part of the Criminal Defence Service” substitute “ criminal legal aid work ”.

(3) In subsection (2A)—

(a) for “providing representation” substitute “ criminal legal aid work ”, and

(b) for “funded by the Legal Services Commission as part of the Community Legal Service or Criminal Defence Service” substitute “ provided under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

(4) After subsection (3B) insert—

(3C) In this section “criminal legal aid work” means the provision under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 of— (a) advice or assistance described in section 13 or 15 of that Act, or (b) representation for the purposes of criminal proceedings.

9

In section 49(3) (appeals from Tribunal) for “providing representation funded by the Legal Services Commission as part of the Criminal Defence Service” substitute “ criminal legal aid work (as defined in that section) ”.

House of Commons Disqualification Act 1975 (c. 24)

10

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) omit “The Legal Services Commission.”

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

11

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) omit “The Legal Services Commission.”

Magistrates’ Courts Act 1980 (c. 43)

12

The Magistrates' Courts Act 1980 is amended as follows.

13

In section 8(4) (matters which may be contained in report of committal proceedings without an order) for paragraph (i) substitute—

(i) whether, for the purposes of the proceedings, representation was provided to the accused or any of the accused under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

14

In section 8A(5) (power to make ruling at pre-trial hearing)—

(a) in paragraph (a) for the words from “to be granted” to “Criminal Defence Service” substitute “ to be provided with representation for the purposes of the proceedings under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”, and

(b) in paragraph (b) for “the Legal Services Commission must decide whether or not to grant him that right” substitute “ the necessary arrangements must be made for him to apply for it and, where appropriate, obtain it ”.

15

In section 8C(7) (matters to which reporting restrictions do not apply) for paragraph (g) substitute—

(g) whether, for the purposes of the proceedings, representation was provided to the accused or any of the accused under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

16

In section 92(1)(b) (exception to restriction on power to impose imprisonment for default) for the words from “under section 17(2)” to “criminal case” substitute “ made by a court under regulations under section 23 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (payment by individual in respect of legal aid) ”.

17

In section 130(3) (powers of alternate court on transfer of remand hearing) for the words from “all the powers” to end substitute

all of the following powers which that court would have had but for the order— (a) powers in relation to further remand (whether in custody or on bail), and (b) powers under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

18

In section 145A(4) (rules about costs orders against legal representatives) for “the Legal Services Commission” substitute “ the Lord Chancellor under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

Senior Courts Act 1981 (c. 54)

19

The Senior Courts Act 1981 is amended as follows.

20

In section 28(4) (appeals from Crown Court and inferior courts) for “an order under section 17 of the Access to Justice Act 1999” substitute “ a requirement to make a payment under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

21

In section 29(6) (mandatory, prohibiting and quashing orders) for “orders under section 17 of the Access to Justice Act 1999” substitute “ requirements to make payments under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

Prosecution of Offences Act 1985 (c. 23)

22

Part 2 of the Prosecution of Offences Act 1985 (costs in criminal cases) is amended as follows.

23

In section 19(2)(b) (matters of which account to be taken when making order as to costs) for “any grant of a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service” substitute “ of whether, for the purposes of the proceedings, representation has been provided under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

24

In section 20(2) (regulations) for “by the Legal Services Commission or out of central funds” substitute “ by the Lord Chancellor under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 or out of central funds in accordance with a costs order ”.

25

(1) Section 21 (interpretation) is amended as follows.

(2) In subsection (1), in the definition of “legally assisted person” for the words from “to whom” to the end of the definition substitute “ for whom advice, assistance or representation is provided under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

(3) In subsection (4A)(a) for the words from “not” to “Service” substitute “ not to include the cost of advice, assistance or representation provided to the person under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

(4) In subsection (4A)(b) for the words from “the cost” to the end substitute “ the cost of such advice, assistance or representation ”.

Child Abduction and Custody Act 1985 (c. 60)

26

In section 11 of the Child Abduction and Custody Act 1985 (cost of applications for child custody or access), for paragraph (a) (but not the “or” following it) substitute—

(a) the provision of any civil legal services (within the meaning of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012) under arrangements made for the purposes of that Part of that Act,

Administration of Justice Act 1985 (c. 61)

27

Part 3 of the Administration of Justice Act 1985 (legal aid) is amended as follows.

28

In section 40(1) (legal aid complaints) for the words from “funded by” to “Criminal Defence Service” substitute “ under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

29

In section 41(2) (reduction of fees payable where legal aid complaint made)—

(a) for “Legal Services Commission” substitute “ Lord Chancellor ”, and

(b) for “by him as part of the Community Legal Service or Criminal Defence Service” substitute “ by the barrister under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

30

(1) Section 42 (exclusion of barristers from legal aid work) is amended as follows.

(2) In subsections (1) and (3) for “providing representation funded by the Legal Services Commission as part of the Criminal Defence Service” substitute “ criminal legal aid work ”.

(3) At the end insert—

(5) In this section “criminal legal aid work” means the provision under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 of— (a) advice or assistance described in section 13 or 15 of that Act, or (b) representation for the purposes of criminal proceedings.

31

In section 43(3) (reduction of costs payable where legal aid complaint made)—

(a) for “Legal Services Commission” substitute “ Lord Chancellor ”, and

(b) for “as part of the Community Legal Service or Criminal Defence Service” substitute “ under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

32

In paragraph 20(1) of Schedule 2 (powers of Tribunal in respect of legal aid complaints) for “providing representation funded by the Legal Services Commission as part of the Criminal Defence Service” substitute “ criminal legal aid work (as defined in that section) ”.

Housing Act 1985 (c. 68)

33

In section 170(5) of the Housing Act 1985 (charges to recover costs of assistance in legal proceedings)—

(a) for “section 10(7) of the Access to Justice Act 1999” substitute “ section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”, and

(b) for “Legal Services Commission” substitute “ Lord Chancellor ”.

Criminal Justice Act 1987 (c. 38)

34

The Criminal Justice Act 1987 is amended as follows.

35

In section 4(1) (notices of transfer to Crown Court) for “paragraph 2 of Schedule 3 to the Access to Justice Act 1999” substitute “ regulations under section 19 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

36

In section 11(12) (matters to which reporting restrictions do not apply) for paragraph (h) substitute—

(h) whether, for the purposes of the proceedings, representation was provided to the accused or any of the accused under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Housing Act 1988 (c. 50)

37

In section 82(4) of the Housing Act 1988 (charges to recover costs of assistance in legal proceedings)—

(a) for “section 10(7) of the Access to Justice Act 1999” substitute “ section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”, and

(b) for “Legal Services Commission” substitute “ Lord Chancellor ”.

Children Act 1989 (c. 41)

38

In section 25(6) of the Children Act 1989 (child without legal representation not to be placed in secure accommodation without having been informed of right to apply for legal aid), for the words from “representation” to “Criminal Defence Service” substitute “ the provision of representation under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

Courts and Legal Services Act 1990 (c. 41)

39

(1) Section 31B of the Courts and Legal Services Act 1990 (advocates and litigators employed by Legal Services Commission) is amended as follows.

(2) In the heading of the section for “Legal Services Commission” substitute “ Lord Chancellor ”.

(3) In subsection (1) for paragraph (b) substitute—

(b) is employed by the Lord Chancellor, or by any body established and maintained by the Lord Chancellor, under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Criminal Justice Act 1991 (c. 53)

40

In section 53(3) of the Criminal Justice Act 1991 (effect of notices transferring certain cases involving children) for “paragraph 2 of Schedule 3 to the Access to Justice Act 1999” substitute “ regulations under section 19 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

41

(1) Section 108(7) of the Social Security Administration Act 1992 is amended as follows.

(2) For “Legal Services Commission”, in the first place, substitute “ Lord Chancellor ”.

(3) In paragraph (a)—

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

(b) after that sub-paragraph insert—

(iv) was provided with civil legal services (within the meaning of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012) under arrangements made for the purposes of that Part of that Act; and

(4) In paragraph (b) after sub-paragraph (iii) insert

or (iv) under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 in respect of civil legal services (within the meaning of Part 1 of that Act) provided under arrangements made for the purposes of that Part of that Act,

Criminal Procedure and Investigations Act 1996 (c. 25)

42

In section 37(9) of the Criminal Procedure and Investigations Act 1996 (matters to which reporting restrictions do not apply) for paragraph (g) substitute—

(g) whether, for the purposes of the proceedings, representation was provided to the accused or any of the accused under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Family Law Act 1996 (c. 27)

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Crime and Disorder Act 1998 (c. 37)

46

The Crime and Disorder Act 1998 is amended as follows.

47

(1) Section 50 (early administrative hearings) is amended as follows.

(2) In subsection (2)—

(a) after “this section” insert

— (a)

, and

(b) for the words from “to be granted” to the end substitute

to be provided with representation for the purposes of the proceedings under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and (b) if he indicates that he does, the necessary arrangements must be made for him to apply for it and, where appropriate, obtain it.

(3) Omit subsection (2A).

48

In section 51B(6)(b) (effect of notice given under section 51B in serious or complex fraud cases) for “paragraph 2 of Schedule 3 to the Access to Justice Act 1999” substitute “ regulations under section 19 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

49

In section 52A(7) (matters to which reporting restrictions do not apply) for paragraph (h) substitute—

(h) whether, for the purposes of the proceedings, representation was provided to the accused or any of the accused under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

50

In paragraph 3(8) of Schedule 3 (matters to which reporting restrictions do not apply) for paragraph (g) substitute—

(g) whether, for the purposes of the proceedings, representation was provided to the accused or any of the accused under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Access to Justice Act 1999 (c. 22)

51

In the Access to Justice Act 1999 omit—

(a) sections 1 to 26 and Schedules 1 to 3A (legal aid), and

(b) Part 2 of Schedule 14 (transitional provision: Legal Services Commission).

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

52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

53

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

54

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Freedom of Information Act 2000 (c. 36)

55

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities) omit “The Legal Services Commission.”

International Criminal Court Act 2001 (c. 17)

56

In section 6(2)(c) of the International Criminal Court Act 2001 (supplementary provisions as to proceedings before competent court) for “Access to Justice Act 1999 (c.22) (advice, assistance and representation)” substitute “ Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

Anti-terrorism, Crime and Security Act 2001 (c. 24)

57

In Schedule 4 to the Anti-terrorism, Crime and Security Act 2001 (extension of disclosure powers)—

(a) omit paragraph 47, and

(b) after paragraph 53D insert—

(53E) Sections 34(2) and 35 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Proceeds of Crime Act 2002 (c. 29)

58

The Proceeds of Crime Act 2002 is amended as follows.

59

In section 245C(6)(b) (exclusion from property freezing order or prohibition on dealing with property to which order applies) for “funded by the Legal Services Commission or” substitute “ made available under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 or funded by ”.

60

In section 252(4A)(b) (exclusion from restriction on dealing with property) for “funded by the Legal Services Commission or” substitute “ made available under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 or funded by ”.

Communications Act 2003 (c. 21)

61

In section 119(7)(a) of the Communications Act 2003 (charges to recover costs of assistance in proceedings)—

(a) for “section 10(7) of the Access to Justice Act 1999 (c.22)” substitute “ section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”, and

(b) for “Legal Services Commission” substitute “ Lord Chancellor ”.

Extradition Act 2003 (c. 41)

62

The Extradition Act 2003 is amended as follows.

63

In section 45(7) (consent to extradition) for paragraph (a) substitute—

(a) in England and Wales, representation for the purposes of criminal proceedings provided under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012;

64

In section 127(8) (consent to extradition: general) for paragraph (a) substitute—

(a) in England and Wales, representation for the purposes of criminal proceedings provided under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012;

Criminal Justice Act 2003 (c. 44)

65

In section 71(8) of the Criminal Justice Act 2003 (matters to which reporting restrictions do not apply) for paragraph (g) substitute—

(g) whether, for the purposes of the proceedings, representation was provided to the defendant or any of the defendants under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Domestic Violence, Crime and Victims Act 2004 (c. 28)

66

In Schedule 9 to the Domestic Violence, Crime and Victims Act 2004 (authorities within remit of Commissioner for Victims and Witnesses) omit paragraph 21 (Legal Services Commission).

Equality Act 2006 (c. 3)

67

In section 29(3) of the Equality Act 2006 (costs of Equality and Human Rights Commission in providing legal assistance) for “section 11(4)(f) of the Access to Justice Act 1999 (c. 22) (recovery of costs in funded cases)” substitute “ section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (statutory charge in connection with civil legal aid) ”.

Legal Services Act 2007 (c. 29)

68

In section 194(6) of the Legal Services Act 2007 (payments in respect of pro bono representation) for paragraph (b) substitute—

(b) provided under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Criminal Justice and Immigration Act 2008 (c. 4)

69

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Equality Act 2010 (c. 15)

70

In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities) omit“The Legal Services Commission.”

Terrorist Asset-Freezing etc Act 2010 (c. 38)

71

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 — Repeals consequential on Part 1 of this Schedule

SCHEDULE 6

Obtaining information

1

(1) The relevant authority may make an information request to—

(a) the Secretary of State,

(b) a relevant Northern Ireland Department, or

(2) An information request may be made under this paragraph only for the purposes of facilitating a determination about an individual's financial resources for the purposes of —

(a) the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)), or

(b) the Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435) (N.I. 10)).

(3) An information request made to the Secretary of State or a relevant Northern Ireland Department under this paragraph may request the disclosure of some or all of the following information—

(a) a relevant individual's full name and any previous names;

(b) a relevant individual's address and any previous addresses;

(d) a relevant individual's national insurance number;

(e) a relevant individual's benefit status at a time specified in the request;

(f) information of a prescribed description.

(4) An information request made to the Commissioners under this paragraph may request the disclosure of some or all of the following information—

(a) whether or not a relevant individual is employed or was employed at a time specified in the request;

(b) the name and address of the employer;

(c) whether or not a relevant individual is carrying on a business, trade or profession or was doing so at a time specified in the request;

(d) the name under which it is or was carried on;

(e) the address of any premises used for the purposes of carrying it on;

(f) a relevant individual's national insurance number;

(g) a relevant individual's benefit status at a time specified in the request;

(h) information of a prescribed description.

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