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) 5Civil legal services provided to an individual in relation to a bankruptcy

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,

10including services provided in relation to a statutory demand under that

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) 15But the exclusions described in sub-paragraph (3) are subject to the

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

20Act 1986 applies (application by trustee of bankrupt’s estate).

(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

25provided in relation to—

(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).

30Definitions

(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

35vehicle or structure occupied by the individual if there are no grounds on

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

40otherwise than as a trespasser.

(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

45do so by virtue of—

(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

5vehicle or structure as a trespasser does not cease to be a trespasser by virtue

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

10assistance for the individual under—

(a) Part 6 of the Housing Act 1996 (allocation of housing

accommodation);

(b) Part 7 of that Act (homelessness).

Exclusions

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

Schedule.

Definitions

(3) In this paragraph “homeless” and “threatened with homelessness” have the

same meaning as in section 175 of the Housing Act 1996.

20Risk to health or safety in rented home

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) 25the individual’s home is rented or leased from another person, and

(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) 30the exclusions in Part 2 of this Schedule, with the exception of

paragraph 6 of that Part, and

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

Definitions

(3) For the purposes of this paragraph—

(a) 35a child is a relevant member of an individual’s family if the

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

40by marriage or civil partnership) or cohabitants, and

(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 BillPage 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
  
  5otherwise;

• “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
  
  10residence, together with any garden or ground usually occupied
  
  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

15Crime and Disorder Act 1998 (“the 1998 Act”);

(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

20that Act;

(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

25Schedule.

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) 30the variation or discharge of a restraining order under section 5 or 5A

of that Act.

Exclusions

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

Schedule.

35Gang-related violence

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

40Schedule.

Sexual offences

33 (1) Civil legal services provided to the victim of a sexual offence in relation to

the offence.

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) 5the exclusion in Part 3 of this Schedule.

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

10(indecent photographs of children).

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

15(orders for ensuring that restraint order is effective);

(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

20receiver);

(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) 25applications 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

30of customer information order);

(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) 35the exclusions in Part 2, with the exception of paragraph 14 of that

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

40against a defendant, the services described in sub-paragraph (1) do not

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

45realisation),

that relate to property recovered pursuant to the order.

(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

5(compensation).

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) 10Sub-paragraph (1) is subject to—

(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) 15For 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

201996), or

(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.

25Exclusions

(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

302010.

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) 35the exclusion in Part 3 of this Schedule.

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

40disputes by establishing minimum common rules relating to legal aid for

such disputes.

No exclusions

(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

5connection with the provision of services described in a preceding

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

10prescribed paragraphs of that Part, and

(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 15Excluded services

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 20Civil legal services provided in relation to assault, battery or false

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 25Civil legal services provided in relation to defamation or malicious

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 30Civil 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

an act or omission by a public authority that involves a breach of Convention

rights by the authority.

(2) In this paragraph—

• 35“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

5business is being carried on at the time the services are provided), or

(c) the termination or transfer of a business that was being carried on by

that individual.

15 Civil legal services provided in relation to a benefit, allowance, payment,

credit or pension under—

(a) 10the Social Security Contributions and Benefits Act 1992,

(b) the Jobseekers Act 1995,

(c) the State Pension Credit Act 2002,

(d) the Tax Credits Act 2002,

(e) the Welfare Reform Act 2007,

(f) 15the Welfare Reform Act 2011, 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.

20Part 3 Advocacy: exclusion and exceptions

The services described in Part 1 of this Schedule do not include advocacy

other than the types of advocacy listed in this Part of this Schedule, except to

the extent that Part 1 provides otherwise.

25Exceptions: 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

30concern—

(a) a person’s right to life,

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

(c) a person’s medical treatment (within the meaning of the Mental

Health Act 1983),

(d) 35a 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) 40proceedings 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 34 of Part 1 of this Schedule.

7 Advocacy in a magistrates’ court that falls within the description of civil

legal services in paragraph 1, 9 to 11, 13 and 14 to 16 of Part 1 of this

5Schedule.

8 Advocacy in the following proceedings in a magistrates’ court—

(a) advocacy in proceedings under section 47 of the National Assistance

Act 1948,

(b) advocacy in proceedings in relation to—

(i) 10bail under Schedule 2 to the Immigration Act 1971, or

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

(c) advocacy in proceedings for the variation or discharge of an order

under section 5 or 5A of the Protection from Harassment Act 1997,

and

(d) 15advocacy in proceedings under the Proceeds of Crime Act 2002 in

relation to matters listed in paragraph 34 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) 20paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act

1984.

10 Proceedings in the Mental Health Review Tribunal for Wales.

11 Advocacy in—

(a) proceedings in the First-tier Tribunal under Schedule 2 to the

25Immigration Act 1971, and

(b) proceedings in the First-tier Tribunal under 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) 30regulation 26 of the Immigration (European Economic Area)

Regulations 2006 (S.I. 2006/1003S.I. 2006/1003),

but only to the extent that the proceedings concern contravention of the

Equality Act 2010.

13 Advocacy in proceedings in the First-tier Tribunal under—

(a) 35section 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

40vulnerable adults),

(c) section 31, 32 or 34 of the Criminal Justice and Courts Services Act

2000 (applications relating to disqualification orders),

(d) section 144 of the Education Act 2002 (appeals and reviews relating

to direction prohibiting person from teaching etc), or

(e) 45section 4 of the Safeguarding Vulnerable Groups Act 2006.

14 Advocacy in proceedings in the Upper Tribunal arising out of proceedings

within paragraph 9 to 13 of this Part of this Schedule.

15 Advocacy in proceedings in the Upper Tribunal under section 11 of the

Tribunals, Courts and Enforcement Act 2007 (appeals on a point of law)

5from 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.

16 Advocacy in proceedings which are brought before the Upper Tribunal

10(wholly or primarily) to exercise its judicial review jurisdiction under section

15 of the Tribunals, Courts and Enforcement Act 2007.

17 Advocacy where judicial review applications are transferred to the Upper

Tribunal from the High Court under section 31A of the Senior Courts Act

1981.

18 15Advocacy in proceedings in the Employment Appeal Tribunal, but only to

the extent that the proceedings concern contravention of the Equality Act

2010.

Other exceptions

19 Advocacy in proceedings in the Special Immigration Appeals Commission.

20 20Advocacy in proceedings in the Proscribed Organisations Appeal

Commission.

21 Advocacy in—

(a) prescribed legal proceedings relating to orders and procedures

prescribed under paragraph 1(1)(k) of Part 1 of this Schedule;

(b) 25prescribed legal proceedings relating to orders and procedures

prescribed under paragraph 11(1)(g) of Part 1 of this Schedule;

(c) prescribed legal proceedings relating to community care services (as

defined in paragraph 6 of Part 1 of this Schedule).

22 Advocacy in legal proceedings before any person to whom a case is referred

30(in whole or in part) in any proceedings within the preceding paragraphs 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

35Part 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) 40are 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 5References 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, 2 or 3 of this Schedule describes services that

consist of or include services provided in relation to proceedings, the

10description 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,

(c) services provided in relation to a related appeal or reference to a

15court, tribunal or other body, and