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

(a) an offence under a provision of the Sexual Offences Act 2003, and

(b) 15an offence under section 1 of the Protection of Children Act 1978
(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
20(“the 2002 Act”) including orders under section 41(7) of that Act
(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) 25directions under section 62 of the 2002 Act (action to be taken by
receiver);

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

(f) 30orders under section 72 or 73 of the 2002 Act (compensation);

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

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

(i) 35applications under section 369 of the 2002 Act (discharge or variation
of customer information order);

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

General exclusions

(2) 40Sub-paragraph (1) is subject to—

(a) the exclusions in Part 2 of this Schedule, 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
against 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
5hands of a receiver), or

(b) directions under section 67D of that Act (distribution of proceeds of
realisation),

that relate to property recovered pursuant to the order.

(4) Where a confiscation order has been made under Part 2 of the 2002 Act
10against a defendant and varied under section 29 of that Act, the services
described in sub-paragraph (1) do not include services provided in relation
to an application by the defendant under section 73 of that Act
(compensation).

Inquests

35 (1) 15Civil 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—

(a) the exclusions in Part 2 of this Schedule, with the exception of
20paragraph 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
individual’s family if—

(a) 25they 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

(c) one has parental responsibility for the other.

30Environmental 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

(2) Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this
35Schedule.

Equality

37 (1) Civil legal services provided in relation to contravention of the Equality Act
2010.

Exclusions

(2) 40Sub-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.

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
5disputes 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.

10Connected matters

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

Exclusions

(2) 15Sub-paragraph (1) is subject to—

(a) the exclusions in Part 2 of this Schedule, with the exception of
prescribed 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
20of this paragraph.

Part 2 Excluded services

The services described in Part 1 of this Schedule do not include the services
listed in this Part of this Schedule, except to the extent that Part 1 of this
25Schedule 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
imprisonment.

4 30Civil 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
falsehood.

8 35Civil 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.

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—

• 5“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 10Civil legal services provided to an individual in relation to matters arising
out of or in connection with—

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

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

(c) 15the 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) the Social Security Contributions and Benefits Act 1992,

(b) 20the Jobseekers Act 1995,

(c) the State Pension Credit Act 2002,

(d) the Tax Credits Act 2002,

(e) the Welfare Reform Act 2007,

(f) the Welfare Reform Act 2011, or

(g) 25any other enactment relating to social security.

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

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

Part 3 30Advocacy: 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 of this Schedule provides otherwise.

Exceptions: courts

1 35Advocacy in proceedings in the Supreme Court.

2 Advocacy in proceedings in the Court of Appeal.

3 Advocacy in proceedings in the High Court.

4 Advocacy in proceedings in the Court of Protection to the extent that they
concern—

(a) 40a person’s right to life,

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