Legal Aid, Sentencing and Punishment of Offenders Bill

Session 2010 - 12
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Other Bills before Parliament

Legal Aid, Sentencing and Punishment of Offenders Bill

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 1 — Civil legal services
Part 1 — Services
109

(b)
section 71 of the Nationality, Immigration and Asylum Act 2002
(residence etc restrictions on asylum-seekers).

Exclusions
      (2)
Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this
Schedule.
5
Immigration: rights to enter and remain
25    (1)
Civil legal services provided in relation to rights to enter, and to remain in,
the United Kingdom arising from—
(a)
the Refugee Convention;
(b)
Article 3 of the Human Rights Convention;
10
(c)
the Temporary Protection Directive.

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

Specific exclusion
15
      (3)
The services described in sub-paragraph (1) do not include attendance at an
interview conducted on behalf of the Secretary of State with a view to
reaching a decision on a claim in respect of the rights mentioned in that sub-
paragraph, except where regulations provide otherwise.

Definitions
20
      (4)
In this paragraph—
“the Human Rights Convention” means the Convention for the
Protection of Human Rights and Fundamental Freedoms, agreed by
the Council of Europe at Rome on 4 November 1950 as it has effect
for the time being in relation to the United Kingdom;
25
“the Refugee Convention” means the Convention relating to the Status
of Refugees done at Geneva on 28 July 1951 and the Protocol to the
Convention;
“the Temporary Protection Directive” means Council Directive 2001/
55/EC of 20 July 2001 on minimum standards for giving temporary
30
protection in the event of a mass influx of displaced persons and on
measures promoting a balance of efforts between Member States in
receiving such persons and bearing the consequences thereof.
Immigration: accommodation for asylum-seekers etc
26    (1)
Civil legal services provided in relation to the Secretary of State’s powers to
35
provide, or arrange for the provision of, accommodation under—
(a)
section 4 or 95 of the Immigration and Asylum Act 1999
(accommodation for persons temporarily admitted and asylum-
seekers);
(b)
section 17 of the Nationality, Immigration and Asylum Act 2002
40
(support for destitute asylum-seekers).

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

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 1 — Civil legal services
Part 1 — Services
110

Loss of home
27    (1)
Civil legal services provided to an individual in relation to—
(a)
court orders for sale or possession of the individual’s home, or
(b)
the eviction from the individual’s home of the individual or others.
      (2)
Civil legal services provided to an individual in relation to a bankruptcy
5
order against the individual under Part 9 of the Insolvency Act 1986 where—
(a)
the individual’s estate includes the individual’s home, and
(b)
the petition for the bankruptcy order is or was presented by a person
other than the individual,

including services provided in relation to a statutory demand under that
10
Part of that Act.

General exclusions
      (3)
Sub-paragraphs (1) and (2) are subject to the exclusions in Part 2 of this
Schedule, with the exception of paragraph 14 of that Part.
      (4)
But the exclusions described in sub-paragraph (3) are subject to the
15
exception in sub-paragraph (5).
      (5)
The services described in sub-paragraph (1) include services provided in
relation to proceedings on an application under the Trusts of Land and
Appointment of Trustees Act 1996 to which section 335A of the Insolvency
Act 1986 applies (application by trustee of bankrupt’s estate).
20
      (6)
Sub-paragraphs (1) and (2) are subject to the exclusion in Part 3 of this
Schedule.

Specific exclusion
      (7)
The services described in sub-paragraph (1) do not include services
provided in relation to—
25
(a)
proceedings under the Matrimonial Causes Act 1973;
(b)
proceedings under Chapters 2 and 3 of Part 2 of the Civil Partnership
Act 2004 (dissolution, nullity and other proceedings and property
and financial arrangements).

Definitions
30
      (8)
In this paragraph “home”, in relation to an individual, means the house,
caravan, houseboat or other vehicle or structure that is the individual’s only
or main residence, subject to sub-paragraph (9).
      (9)
References in this paragraph to an individual’s home do not include a
vehicle or structure occupied by the individual if there are no grounds on
35
which it can be argued—
(a)
that the individual is occupying the vehicle or structure otherwise
than as a trespasser, and
(b)
that the individual’s occupation of the vehicle or structure began
otherwise than as a trespasser.
40
     (10)
In sub-paragraphs (8) and (9), the references to a caravan, houseboat or other
vehicle include the land on which it is located or to which it is moored.
     (11)
For the purposes of sub-paragraph (9) individuals occupying, or beginning
occupation, of a vehicle or structure as a trespasser include individuals who
do so by virtue of—
45

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 1 — Civil legal services
Part 1 — Services
111

(a)
title derived from a trespasser, or
(b)
a licence or consent given by a trespasser or a person deriving title
from a trespasser.
     (12)
For the purposes of sub-paragraph (9) an individual who is occupying a
vehicle or structure as a trespasser does not cease to be a trespasser by virtue
5
of being allowed time to leave the vehicle or structure.
Homelessness
28    (1)
Civil legal services provided to an individual who is homeless, or threatened
with homelessness, in relation to the provision of accommodation and
assistance for the individual under—
10
(a)
Part 6 of the Housing Act 1996 (allocation of housing
accommodation);
(b)
Part 7 of that Act (homelessness).

Exclusions
      (2)
Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this
15
Schedule.

Definitions
      (3)
In this paragraph “homeless” and “threatened with homelessness” have the
same meaning as in section 175 of the Housing Act 1996.
Risk to health or safety in rented home
20
29    (1)
Civil legal services provided to an individual in relation to the removal or
reduction of a serious risk of harm to the health or safety of the individual or
a relevant member of the individual’s family where—
(a)
the risk arises from a deficiency in the individual’s home,
(b)
the individual’s home is rented or leased from another person, and
25
(c)
the services are provided with a view to securing that the other
person makes arrangements to remove or reduce the risk.

Exclusions
      (2)
Sub-paragraph (1) is subject to—
(a)
the exclusions in Part 2 of this Schedule, with the exception of
30
paragraph 6 of that Part, and
(b)
the exclusion in Part 3 of this Schedule.

Definitions
      (3)
For the purposes of this paragraph—
(a)
a child is a relevant member of an individual’s family if the
35
individual is the child’s parent or has parental responsibility for the
child;
(b)
an adult (“A”) is a relevant member of an individual’s family if—
(i)
they are relatives (whether of the full blood or half blood or
by marriage or civil partnership) or cohabitants, and
40
(ii)
the individual’s home is also A’s home.
      (4)
In this paragraph—
“building” includes part of a building;
“child” means a person under the age of 18;

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 1 — Civil legal services
Part 1 — Services
112

“cohabitant” has the same meaning as in Part 4 of the Family Law Act
1996 (see section 62(1) of that Act);
“deficiency” means any deficiency, whether arising as a result of the
construction of a building, an absence of maintenance or repair, or
otherwise;
5
“harm” includes temporary harm;
“health” includes mental health;
“home”, in relation to an individual, means the house, caravan,
houseboat or other structure that is the individual’s only or main
residence, together with any garden or ground usually occupied
10
with it.
Anti-social behaviour
30    (1)
Civil legal services provided to an individual in relation to—
(a)
an order made in respect of the individual under section 1B of the
Crime and Disorder Act 1998 (“the 1998 Act”);
15
(b)
an interim order made in respect of the individual under section 1D
of the 1998 Act following an application under section 1B of that Act;
(c)
an intervention order made in respect of the individual under section
1G of the 1998 Act in connection with an order under section 1B of
that Act;
20
(d)
an anti-social behaviour injunction against the individual under
section 153A of the Housing Act 1996.

Exclusions
      (2)
Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this
Schedule.
25
Protection from harassment
31    (1)
Civil legal services provided in relation to—
(a)
an injunction under section 3 or 3A of the Protection from
Harassment Act 1997;
(b)
the variation or discharge of a restraining order under section 5 or 5A
30
of that Act.

Exclusions
      (2)
Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this
Schedule.
Gang-related violence
35
32    (1)
Civil legal services provided in relation to injunctions under Part 4 of the
Policing and Crime Act 2009 (injunctions to prevent gang-related violence).

Exclusions
      (2)
Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this
Schedule.
40
Sexual offences
33    (1)
Civil legal services provided to the victim of a sexual offence in relation to
the offence.

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 1 — Civil legal services
Part 1 — Services
113


Exclusions
      (2)
Sub-paragraph (1) is subject to—
(a)
the exclusions in Part 2 of this Schedule, with the exception of
paragraphs 1, 2, 3, 8 and 12, and
(b)
the exclusion in Part 3 of this Schedule.
5

Definitions
      (3)
In this paragraph “sexual offence” means—
(a)
an offence under a provision of the Sexual Offences Act 2003, and
(b)
an offence under section 1 of the Protection of Children Act 1978
(indecent photographs of children).
10
Proceeds of crime
34    (1)
Civil legal services provided in relation to—
(a)
restraint orders under section 41 of the Proceeds of Crime Act 2002
(“the 2002 Act”) including orders under section 41(7) of that Act
(orders for ensuring that restraint order is effective);
15
(b)
orders under section 47M of the 2002 Act (detention of property);
(c)
directions under section 54(3) of the 2002 Act (distribution of funds
in the hands of a receiver);
(d)
directions under section 62 of the 2002 Act (action to be taken by
receiver);
20
(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
25
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);
30
(j)
applications under section 375 of the 2002 Act (discharge or variation
of account monitoring orders).

General exclusions
      (2)
Sub-paragraph (1) is subject to—
(a)
the exclusions in Part 2, with the exception of paragraph 14 of that
35
Part, and
(b)
the exclusion in Part 3 of this Schedule.

Specific exclusions
      (3)
Where 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
40
include services provided to the defendant in relation to—
(a)
directions under section 54(3) of that Act (distribution of funds in the
hands of a receiver), or
(b)
directions under section 67D of that Act (distribution of proceeds of
realisation),
45

that relate to property recovered pursuant to the order.

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 1 — Civil legal services
Part 1 — Services
114

      (4)
Where 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).
5
Inquests
35    (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.

Exclusions
      (2)
Sub-paragraph (1) is subject to—
10
(a)
the exclusions in Part 2 of this Schedule, with the exception of
paragraph 1 of that Part, and
(b)
the exclusion in Part 3 of this Schedule.

Definitions
      (3)
For the purposes of this paragraph an individual is a member of another
15
individual’s family if—
(a)
they are relatives (whether of the full blood or half blood or by
marriage or civil partnership),
(b)
they are cohabitants (as defined in Part 4 of the Family Law Act
1996), or
20
(c)
one has parental responsibility for the other.
Environmental pollution
36    (1)
Civil legal services provided in relation to injunctions in respect of nuisance
arising from prescribed types of pollution of the environment.

Exclusions
25
      (2)
Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this
Schedule.
Equality
37    (1)
Civil legal services provided in relation to contravention of the Equality Act
2010.
30

Exclusions
      (2)
Sub-paragraph (1) is subject to—
(a)
the exclusions in Part 2 of this Schedule, with the exception of
paragraph 15 of that Part, and
(b)
the exclusion in Part 3 of this Schedule.
35
Cross-border disputes
38    (1)
Civil legal services provided in relation to proceedings in circumstances in
which the services are required to be provided under Council Directive
2002/8/EC of 27 January 2003 to improve access to justice in cross-border
disputes by establishing minimum common rules relating to legal aid for
40
such disputes.

No exclusions

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 1 — Civil legal services
Part 2 — Excluded services
115

      (2)
Sub-paragraph (1) is not subject to the exclusions in Parts 2 and 3 of this
Schedule.
Connected matters
39    (1)
Prescribed civil legal services provided, in prescribed circumstances, in
connection with the provision of services described in a preceding
5
paragraph of this Part of this Schedule.

Exclusions
      (2)
Sub-paragraph (1) is subject to—
(a)
the exclusions in Part 2 of this Schedule, with the exception of
prescribed paragraphs of that Part, and
10
(b)
the exclusion in Part 3 of this Schedule, subject to any additional
exceptions from that exclusion that are prescribed for the purposes
of this paragraph.
Part 2
Excluded services
15

The services described in Part 1 of this Schedule do not include the services
listed in this Part, except to the extent that Part 1 provides otherwise.
1
Civil legal services provided in relation to personal injury or death.
2
Civil legal services provided in relation to negligence.
3
Civil legal services provided in relation to assault, battery or false
20
imprisonment.
4
Civil legal services provided in relation to trespass to goods.
5
Civil legal services provided in relation to 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
25
falsehood.
8
Civil legal services provided in relation to 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.
30
12    (1)
Civil legal services provided in relation to a claim for damages in respect of
an act or omission by a public authority that involves a breach of Convention
rights by the authority.
      (2)
In this paragraph—
“Convention rights” has the same meaning as in the Human Rights Act
35
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.