Victims of domestic violence and family matters

10 (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 has been abused by B or is at risk of being abused by B.

5General exclusions

(2) Sub-paragraph (1) is subject to the exclusions in Part 2 of this Schedule, with
the exception of paragraph 11 of that Part.

(3) But the exclusions described in sub-paragraph (2) are subject to the
exception in sub-paragraph (4).

(4) 10The services described in sub-paragraph (1) include services provided in
relation to conveyancing, but only where—

(a) the services in relation to conveyancing are provided in the course of
giving effect to a court order made in proceedings, and

(b) services described in that sub-paragraph (other than services in
15relation 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.

(5) Sub-paragraph (1) is subject to the exclusion in Part 3 of this Schedule.

Specific exclusion

(6) 20The services described in sub-paragraph (1) do not include services
provided in relation to a claim in tort in respect of the abuse of A by B.

Definitions

(7) For the purposes of this paragraph—

(a) there is a family relationship between two people if they are
25associated with each other, and

(b) “associated” has the same meaning as in Part 4 of the Family Law Act
1996 (see section 62 of that Act).

(8) For the purposes of this paragraph—

(a) matters arising out of a family relationship include matters arising
30under a family enactment, and

(b) (subject to paragraph (a)) the Lord Chancellor may by regulations
make provision about when matters arise out of a family
relationship.

(9) In this paragraph—

• 35“abuse” means physical or mental abuse, including—

  (a)

  sexual abuse, and

  (b)

  abuse in the form of violence, neglect, maltreatment and
  exploitation;

• “adult” means a person aged 18 or over;

• 40“child” means a person under the age of 18;

• “family enactment” means—

  (a)

  section 17 of the Married Women’s Property Act 1882
  (questions between husband and wife as to property);

  (b)

  the Maintenance Orders (Facilities for Enforcement) Act
  451920;

  (c)

  the Maintenance Orders Act 1950;

  Legal Aid, Sentencing and Punishment of Offenders BillPage 101

  (d)

  the Maintenance Orders Act 1958;

  (e)

  the Maintenance Orders (Reciprocal Enforcement) Act 1972;

  (f)

  Schedule 1 to the Domicile and Matrimonial Proceedings Act
  1973 (staying of matrimonial proceedings) and
  5corresponding provision in relation to civil partnerships
  made by rules of court under section 223 of the Civil
  Partnership Act 2004;

  (g)

  the Matrimonial Causes Act 1973;

  (h)

  the Inheritance (Provision for Family Dependants) Act 1975;

  (i)

  10the Domestic Proceedings and Magistrates’ Courts Act 1978;

  (j)

  Part 3 of the Matrimonial and Family Proceedings Act 1984
  (financial relief after overseas divorce etc);

  (k)

  Parts 1 and 3 of the Family Law Act 1986 (child custody and
  declarations of status);

  (l)

  15Parts 1 and 2 of the Children Act 1989 (orders with respect to
  children in family proceedings);

  (m)

  section 53 of, and Schedule 7 to, the Family Law Act 1996
  (transfer of tenancies on divorce etc or separation of
  cohabitants);

  (n)

  20Chapters 2 and 3 of Part 2 of the Civil Partnership Act 2004
  (dissolution, nullity and other proceedings and property and
  financial arrangements);

  (o)

  section 54 of the Human Fertilisation and Embryology Act
  2008 (applications for parental orders).

25Protection of children and family matters

11 (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)”
30(removal of father’s parental responsibility);

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

(c) orders mentioned in section 8(1) of the 1989 Act (residence, contact
and other orders);

(d) 35special guardianship orders under Part 2 of the 1989 Act;

(e) orders under section 33(1) of the Family Law Act 1986 (“the 1986
Act”) (disclosure of child’s whereabouts);

(f) orders under section 34(1) of the 1986 Act (recovery of child);

(g) any other orders or procedures under an enactment relating to
40children that are prescribed for the purposes of this paragraph.

Exclusions

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

Definitions

(3) 45In this paragraph—

• “abuse” means physical or mental abuse, including—

  (a)

  sexual abuse, and

  Legal Aid, Sentencing and Punishment of Offenders BillPage 102

  (b)

  abuse 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.

5Mediation in family disputes

12 (1) Mediation provided in relation to family disputes.

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

Exclusions

(3) 10Sub-paragraphs (1) and (2) are subject to the exclusions in Part 2 of this
Schedule, with the exception of paragraph 11 of that Part.

(4) But the exclusions described in sub-paragraph (3) are subject to the
exception in sub-paragraph (5).

(5) The services described in sub-paragraph (2) include services provided in
15relation to conveyancing, but only where—

(a) the services in relation to conveyancing are provided in the course of
giving effect to arrangements for the resolution of a family dispute,
and

(b) services described in that sub-paragraph or sub-paragraph (1) (other
20than 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.

(6) Sub-paragraphs (1) and (2) are subject to the exclusion in Part 3 of this
Schedule.

25Definitions

(7) For the purposes of this paragraph—

(a) a dispute is a family dispute if it is a dispute between individuals
about a matter arising out of a family relationship between the
individuals,

(b) 30there is a family relationship between two individuals if they are
associated with each other, and

(c) “associated” has the same meaning as in Part 4 of the Family Law Act
1996 (see section 62 of that Act).

(8) For the purposes of this paragraph—

(a) 35matters arising out of a family relationship include matters arising
under a family enactment, and

(b) (subject to paragraph (a)) the Lord Chancellor may by regulations
make provision about when matters arise out of a family
relationship.

(9) 40In this paragraph—

• “child” means a person under the age of 18;

• “family enactment” has the meaning given in paragraph 10.

Children who are parties to family proceedings

13 (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
5proposes to conduct, the proceedings without a children’s guardian
or litigation friend in accordance with rule 16.6 of the Family
Procedure Rules.

Exclusions

(2) Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this
10Schedule.

Definitions

(3) For the purposes of this paragraph—

(a) proceedings are family proceedings if they relate to a matter arising
out of a family relationship,

(b) 15there is a family relationship between two individuals if they are
associated with each other, and

(c) “associated” has the same meaning as in Part 4 of the Family Law Act
1996 (see section 62 of that Act).

(4) For the purposes of this paragraph—

(a) 20matters arising out of a family relationship include matters arising
under a family enactment, and

(b) (subject to paragraph (a)) the Lord Chancellor may by regulations
make provision about when matters arise out of a family
relationship.

(5) 25In this paragraph—

• “child” means a person under the age of 18;

• “family enactment” has the meaning given in paragraph 10.

Forced marriage

14 (1) Civil legal services provided in relation to forced marriage protection orders
30under Part 4A of the Family Law Act 1996.

Exclusions

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

EU and international agreements concerning children

15 (1) 35Civil 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
40Convention 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.

45Exclusions

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

Definitions

(3) In this paragraph—

• 5“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
  10Aspects of International Child Abduction which was signed at The
  Hague on 25 October 1980;

• “the 2003 Brussels Regulation” means Council Regulation (EC)
  No. 2001/2003 of 27 November 2003 concerning jurisdiction and the
  recognition and enforcement of judgments in matrimonial matters
  15and the matters of parental responsibility.

(4) For 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.

20EU and international agreements concerning maintenance

16 (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) 25the 1973 Hague Convention;

(c) the 1989 Lugano 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
30the 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
35within Article 47(2) or (3) of the EU Maintenance Regulation (parties who
benefited from free legal aid etc in Member State of origin).

Exclusions

(4) Sub-paragraphs (1) to (3) are subject to—

(a) the exclusions in Part 2 of this Schedule, with the exception of
40paragraph 11 of that Part, and

(b) the exclusion in Part 3 of this Schedule.

Definitions

(5) In this paragraph—

• “the 1968 Brussels Convention” means the Convention on jurisdiction
  45and the enforcement of judgments in civil and commercial matters
  (including the Protocol annexed to that Convention) signed at
  Brussels on 27 September 1968;

Legal Aid, Sentencing and Punishment of Offenders BillPage 105

• “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
  5and 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/
  102001 of 22 December 2000 on jurisdiction and the recognition and
  enforcement of judgments in civil and commercial matters;

• “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
  15Kingdom 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,
  20recognition 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.

25Judicial review

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

General exclusions

(2) Sub-paragraph (1) is subject to—

(a) 30the 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.

Specific exclusion: benefit to individual

(3) The services described in sub-paragraph (1) do not include services
35provided 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.

(4) Sub-paragraph (3) does not exclude services provided in relation to a
judicial review where the judicial review ceases to have the potential to
40produce 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.

Specific exclusions: immigration cases

(5) Where an issue relating to immigration (including an issue relating to rights
45described in paragraph 25 of this Part of this Schedule) has been the subject
of judicial review or an appeal to a tribunal or court, the services described
in sub-paragraph (1) do not include services that are provided in relation to
judicial review in respect of the same issue or a substantially similar issue in

the period of 1 year beginning with the day on which the previous judicial
review, or the appeal, was determined.

(6) The services described in sub-paragraph (1) do not include services
provided in relation to judicial review of a removal direction in respect of an
5individual where the direction was given not more than 1 year after the
latest of the following—

(a) the making of the decision to remove the individual from the United
Kingdom by way of such a direction;

(b) the refusal of leave to appeal against that decision;

(c) 10the determination or withdrawal of an appeal against that decision.

(7) Sub-paragraphs (5) and (6) do not exclude services provided to an
individual in relation to—

(a) judicial review in connection with a negative decision in relation to
an asylum application (within the meaning of the EU Procedures
15Directive);

(b) judicial review of certification under section 96 of the Nationality,
Immigration and Asylum Act 2002 (certificate preventing appeal of
immigration decision).

Definitions

(8) 20For the purposes of this paragraph an individual is a member of another
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
251996), or

(c) one has parental responsibility for the other.

(9) In this paragraph—

• “EU Procedures Directive” means Council Directive 2005/85/EC of 1
  December 2005 on minimum standards on procedures in Member
  30States for granting and withdrawing refugee status;

• “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
  35court as if it were not such an application, and

  (b)

  any procedure in which a court, tribunal or other body
  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;

• 40“removal direction” means a direction under—

  (a)

  paragraphs 8 to 10A of Schedule 2 to the Immigration Act
  1971 (removal of persons refused leave to enter and illegal
  entrants);

  (b)

  paragraphs 12 to 14 of Schedule 2 to that Act (removal of
  45seamen and aircrew);

  (c)

  paragraph 1 of Schedule 3 to that Act (removal of persons
  liable to deportation);

  (d)

  section 10 of the Immigration and Asylum Act 1999 (removal
  of certain persons unlawfully in the United Kingdom);

  Legal Aid, Sentencing and Punishment of Offenders BillPage 107

  (e)

  section 47 of the Immigration, Asylum and Nationality Act
  2006 (removal of persons with statutorily extended leave).

Habeas corpus

18 (1) Civil legal services provided in relation to a writ of habeas corpus ad
5subjiciendum.

Exclusions

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

Abuse of position or powers by public authority

19 (1) 10Civil legal services provided in relation to abuse by a public authority of its
position or powers.

Exclusions

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

(3) 15But the exclusions described in sub-paragraph (2) are subject to the
exception in sub-paragraph (4).

(4) The services described in sub-paragraph (1) include services provided in
relation to negligence other than clinical negligence.

(5) Sub-paragraph (1) is subject to the exclusion in Part 3 of this Schedule.

20Definitions

(6) For 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—

(a) is deliberate or dishonest, and

(b) 25results in harm to a person or property that was reasonably
foreseeable.

(7) In 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
  30services (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

20 (1) Civil legal services provided in relation to—

(a) 35a 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.

Exclusions

(2) 40Sub-paragraph (1) is subject to the exclusions in Part 2 of this Schedule, with
the exception of paragraphs 1, 3, 4, 5, 6, 8 and 12 of that Part.

(3) But the exclusions described in sub-paragraph (2) are subject to the
exception in sub-paragraph (4) .

(4) The services described in sub-paragraph (1) include services provided in
relation to negligence other than clinical negligence.

(5) 5Sub-paragraph (1) is subject to the exclusion in Part 3 of this Schedule.

Definitions

(6) In 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
  10services (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.

Special Immigration Appeals Commission

21 (1) 15Civil legal services provided in relation to proceedings before the Special
Immigration Appeals Commission.

Exclusions

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

20Immigration: detention

22 (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;

(c) detention under section 62 of the Nationality, Immigration and
25Asylum Act 2002;

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

Exclusions

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

30Immigration: temporary admission

23 (1) Civil legal services provided in relation to temporary admission to the
United Kingdom under—

(a) paragraph 21 of Schedule 2 to the Immigration Act 1971;

(b) section 62 of the Nationality, Immigration and Asylum Act 2002.

35Exclusions

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

Immigration: residence etc restrictions

24 (1) Civil legal services provided in relation to restrictions imposed under—

(a) 40paragraph 2(5) or 4 of Schedule 3 to the Immigration Act 1971
(residence etc restrictions pending deportation);

(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
5Schedule.

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) 10Article 3 of the Human Rights Convention;

(c) the Temporary Protection Directive.

General exclusions

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

15Specific exclusion

(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.

20Definitions

(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
  25for the time being in relation to the United Kingdom;

• “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/
  3055/EC of 20 July 2001 on minimum standards for giving temporary
  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) 35Civil legal services provided in relation to the Secretary of State’s powers to
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) 40section 17 of the Nationality, Immigration and Asylum Act 2002
(support for destitute asylum-seekers).

Exclusions

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