Legal Aid, Sentencing and Punishment of Offenders Bill (HC Bill 235)

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

(b) a disqualification order under section 28, 29 or 29A of the Criminal
Justice and Court Services Act 2000 (disqualification from working
5with children);

(c) a direction under section 142 of the Education Act 2002 (prohibition
from teaching etc).

Exclusions

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

Definitions

(3) In this paragraph “barred list” means a list maintained under—

(a) section 2 of the Safeguarding Vulnerable Groups Act 2006 (persons
barred from regulated activities relating to children or vulnerable
15adults);

(b) section 81 of the Care Standards Act 2000;

(c) section 1 of the Protection of Children Act 1999.

Mental health and mental capacity

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

(a) 20the Mental Health Act 1983;

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

(c) the Mental Capacity Act 2005.

General exclusions

(2) 25Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this
Schedule.

Specific exclusion

(3) The services described in sub-paragraph (1) do not include services
provided in relation to—

(a) 30the creation of lasting powers of attorney under the Mental Capacity
Act 2005, or

(b) the making of advance decisions under that Act.

(4) Sub-paragraph (3) does not exclude services provided in relation to
determinations and declarations by a court under the Mental Capacity Act
352005 as to the validity, meaning, effect or applicability of—

(a) a lasting power of attorney that has been created, or

(b) an advance decision that has been made.

Community care

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

40Exclusions

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

Definitions

(3) In this paragraph—

• “community care services” means services which a relevant person
  may provide or arrange to be provided under—

  (a)

  Part 3 of the National Assistance Act 1948 (“the 1948 Act”)
  5(local authority support for children and families);

  (b)

  section 47 of the 1948 Act (removal to suitable premises of
  persons in need of care and attention);

  (c)

  section 48 of the 1948 Act (temporary protection for property
  of persons admitted to hospital);

  (d)

  10section 45 of the Health Services and Public Health Act 1968
  (arrangements for promoting welfare of old people);

  (e)

  section 117 of the Mental Health Act 1983 (after-care);

  (f)

  section 17 of the Children Act 1989 (“the 1989 Act”)
  (provision of services for children in need);

  (g)

  15section 20 of the 1989 Act (provision of accommodation for
  children);

  (h)

  sections 22A, 22B, 22C and 23 of the 1989 Act
  (accommodation and maintenance for children in care and
  looked after children);

  (i)

  20sections 23B and 23C of the 1989 Act (local authority
  functions in respect of relevant children);

  (j)

  sections 24, 24A and 24B of the 1989 Act (provision of services
  for persons qualifying for advice and assistance);

  (k)

  section 254 of, and Schedule 20 to, the National Health
  25Service Act 2006 (functions of local social service authorities);

  (l)

  section 192 of, and Schedule 15 to, the National Health
  Service (Wales) Act 2006 (functions of local social service
  authorities);

  (m)

  any other enactment prescribed for the purposes of this
  30paragraph;

• “relevant person” means—

  (a)

  a district council;

  (b)

  a county council;

  (c)

  a county borough council;

  (d)

  35a London borough council;

  (e)

  the Common Council of the City of London;

  (f)

  a Primary Care Trust established under section 18 of the
  National Health Service Act 2006;

  (g)

  a Local Health Board established under section 11 of the
  40National Health Service (Wales) Act 2006;

  (h)

  any other person prescribed for the purposes of this
  paragraph.

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

7 (1) Civil legal services provided in relation to the inherent jurisdiction of the
45High Court in relation to children and vulnerable adults.

Exclusions

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

Definitions

(3) In this paragraph—

• “adults” means persons aged 18 or over;

• “children” means persons under the age of 18.

5Unlawful removal of children from the United Kingdom

8 (1) Civil legal services provided to an individual in relation to the following
orders and requirements where the individual is seeking to prevent the
unlawful removal of a related child from the United Kingdom—

(a) a prohibited steps order or specific issue order (as defined in section
108(1) of the Children Act 1989);

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

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

15Exclusions

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

Definitions

(3) For the purposes of this paragraph, a child is related to an individual if the
20individual is the child’s parent or has parental responsibility for the child.

(4) In this paragraph “child” means a person under the age of 18.

Family homes and domestic violence

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

(2) 25Civil legal services provided in relation to the following in circumstances
arising out of a family relationship—

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

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

Exclusions

(3) 30Sub-paragraphs (1) and (2) are subject to—

(a) the exclusions in Part 2 of this Schedule, with the exception of
paragraphs 3 and 11 of that Part, and

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

Definitions

(4) 35For the purposes of this paragraph—

(a) there is a family relationship between two people if they are
associated 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).

(5) 40For the purposes of this paragraph, the Lord Chancellor may by regulations
make provision about when circumstances arise out of a family relationship.

Victims of domestic 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“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
  1920;

  (c)

  45the Maintenance Orders Act 1950;

  (d)

  the Maintenance Orders Act 1958;

  Legal Aid, Sentencing and Punishment of Offenders BillPage 104

  (e)

  the Maintenance Orders (Reciprocal Enforcement) Act 1972;

  (f)

  Schedule 1 to the Domicile and Matrimonial Proceedings Act
  1973 (staying of matrimonial proceedings) and
  corresponding provision in relation to civil partnerships
  5made 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)

  the Domestic Proceedings and Magistrates’ Courts Act 1978;

  (j)

  10Part 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)

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

  Chapters 2 and 3 of Part 2 of the Civil Partnership Act 2004
  20(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).

Protection of children and family matters

11 (1) 25Civil legal services provided to an adult (“A”) in relation to the following
orders and procedures where the child who is or would be the subject of the
order is at risk of abuse from an individual other than A—

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

(b) 30orders 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) special guardianship orders under Part 2 of the 1989 Act;

(e) 35orders 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
children that are prescribed for the purposes of this paragraph.

40Exclusions

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

Definitions

(3) In this paragraph—

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

  (a)

  sexual abuse, and

  (b)

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

Legal Aid, Sentencing and Punishment of Offenders BillPage 105

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

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

Mediation in family disputes

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

(2) 5Civil legal services provided in connection with the mediation of family
disputes.

Exclusions

(3) Sub-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) 10But 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
relation to conveyancing, but only where—

(a) the services in relation to conveyancing are provided in the course of
15giving effect to arrangements for the resolution of a family dispute,
and

(b) services described in that sub-paragraph or sub-paragraph (1) (other
than services in relation to conveyancing) are being or have been
provided in relation to the dispute under arrangements made for the
20purposes of this Part of this Act.

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

Definitions

(7) For the purposes of this paragraph—

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

(c) 30“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
under a family enactment, and

(b) 35(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—

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

• 40“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
proposes to conduct, the proceedings without a children’s guardian
5or 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
Schedule.

10Definitions

(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) there is a family relationship between two individuals if they are
15associated 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) matters arising out of a family relationship include matters arising
20under 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) In this paragraph—

• 25“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
under Part 4A of the Family Law Act 1996.

30Exclusions

(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) Civil legal services provided in relation to—

(a) 35an application made to the Lord Chancellor under the 1980 European
Convention on Child Custody for the recognition or enforcement in
England and Wales of a decision relating to the custody of a child;

(b) an application made to the Lord Chancellor under the 1980 Hague
Convention in respect of a child who is, or is believed to be, in
40England 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.

Exclusions

(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 108

• “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 of this Act.

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 person
  mentioned in Part 3 of this Schedule is required by an
  enactment to make a decision applying the principles that are
  applied by the court on an application for judicial review;

• 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 110

  (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.

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
exceptions in sub-paragraphs (5) and (6).

(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) The services described in sub-paragraph (1) include services described in
any of paragraphs 3 to 6 or 8 of Part 2 of this Schedule to the extent that they
are—

(a) services provided to an individual in relation to a counterclaim in
25proceedings for a court order for sale or possession of the
individual’s home, or

(b) services provided to an individual in relation to the unlawful
eviction from the individual’s home of the individual or others.

(7) Sub-paragraphs (1) and (2) are subject to the exclusion in Part 3 of this
30Schedule.

Specific exclusion

(8) The services described in sub-paragraph (1) do not include services
provided in relation to—

(a) proceedings under the Matrimonial Causes Act 1973;

(b) 35proceedings 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

(9) In this paragraph “home”, in relation to an individual, means the house,
40caravan, houseboat or other vehicle or structure that is the individual’s only
or main residence, subject to sub-paragraph (10).

(10) 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
which it can be argued—

(a) 45that 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.

(11) In sub-paragraphs (9) and (10), the references to a caravan, houseboat or
other vehicle include the land on which it is located or to which it is moored.

(12) 5For the purposes of sub-paragraph (10) individuals occupying, or beginning
occupation, of a vehicle or structure as a trespasser include individuals who
do 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
10from a trespasser.

(13) For the purposes of sub-paragraph (10) an individual who is occupying a
vehicle 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) 15Civil 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—

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

(b) 20Part 7 of that Act (homelessness).

Exclusions

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

Definitions

(3) 25In 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

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
30a 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

(c) the services are provided with a view to securing that the other
person makes arrangements to remove or reduce the risk.

35Exclusions

(2) Sub-paragraph (1) is subject to—

(a) the exclusions in Part 2 of this Schedule, with the exception of
paragraphs 6 and 8 of that Part, and

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

40Definitions

(3) For the purposes of this paragraph—

(a) a 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
by marriage or civil partnership) or cohabitants, and

(ii) the individual’s home is also A’s home.

(4) 5In this paragraph—

• “building” includes part of a building;

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

• “cohabitant” has the same meaning as in Part 4 of the Family Law Act
  1996 (see section 62(1) of that Act);

• 10“deficiency” means any deficiency, whether arising as a result of the
  construction of a building, an absence of maintenance or repair, or
  otherwise;

• “harm” includes temporary harm;

• “health” includes mental health;

• 15“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
  with it.

Anti-social behaviour

30 (1) 20Civil 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”);

(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) 25an 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;

(d) an anti-social behaviour injunction against the individual under
section 153A of the Housing Act 1996.

30Exclusions

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

Protection from harassment

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

(a) 35an 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
of that Act.

Exclusions

(2) 40Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this
Schedule.

Gang-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
Schedule.

Sexual offences

33 (1) 5Civil 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
10paragraphs 1, 2, 3, 8 and 12, and

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

Definitions

(3) In this paragraph “sexual offence” means—