(c) a person’s medical treatment (within the meaning of the Mental
Health Act 1983),

(d) a person’s capacity to marry, to enter into a civil partnership or to
enter into sexual relations, or

(e) 5a 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) proceedings for the variation or discharge of an order under section
5 or 5A of the Protection from Harassment Act 1997, and

(b) 10proceedings 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 any of paragraphs 1, 9 to 11, 13 and 14 to 16 of Part 1 of this
Schedule.

8 15Advocacy in the following proceedings in a magistrates’ court—

(a) proceedings under section 47 of the National Assistance Act 1948,

(b) proceedings in relation to—

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

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

(c) 20proceedings for the variation or discharge of an order under section
5 or 5A of the Protection from Harassment Act 1997, and

(d) 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 25Advocacy in proceedings in the First-tier Tribunal under—

(a) the Mental Health Act 1983, or

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

10 Proceedings in the Mental Health Review Tribunal for Wales.

11 30Advocacy in proceedings in the First-tier Tribunal under—

(a) Schedule 2 to the Immigration Act 1971, or

(b) 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) 35regulation 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) 40section 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
45vulnerable adults),

(c) section 31, 32 or 34 of the Criminal Justice and Court 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) 5section 4 of the Safeguarding Vulnerable Groups Act 2006.

14 Advocacy in proceedings in the Upper Tribunal arising out of proceedings
within any of paragraphs 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)
10from 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
15(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 20Advocacy 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 25Advocacy 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) 30prescribed 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
35(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
40Part 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) are references to the Act, instrument or provision as amended from
time to time, and

(b) 5include 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
10alleged to be of that description.

4 References 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
15consist of or include services provided in relation to proceedings, the
description 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) 20services provided in relation to a related appeal or reference to a
court, tribunal or other person , and

(d) services provided in relation to the enforcement of decisions in the
proceedings.

(2) Regulations may make provision specifying whether proceedings are or are
25not to be regarded as preliminary or incidental for the purposes of sub-
paragraph (1).

6 For the purposes of this Schedule, regulations may make provision about—

(a) when services are provided in relation to a matter;

(b) when matters arise under a particular enactment;

(c) 30when proceedings are proceedings under a particular enactment.

7 In this Schedule “enactment” includes—

(a) an enactment contained in subordinate legislation (within the
meaning of the Interpretation Act 1978), and

(b) an enactment contained in, or in an instrument made under, an Act
35or Measure of the National Assembly for Wales.

Section 23

SCHEDULE 2 Criminal legal aid: motor vehicle orders

Amounts payable in connection with criminal legal aid

1 (1) This Schedule makes provision about the recovery of—

(a) 40an amount payable in connection with the provision of criminal legal
aid which is unpaid after the time when it is required to be paid
under section 22,

(b) interest in respect of such an amount which is required to be paid
under that section, and

(c) an amount required to be paid under section 23 in respect of costs
incurred in connection with the enforcement of an obligation to pay
5an amount or interest described in paragraph (a) or (b).

(2) Such amounts and interest are referred to in this Schedule as “relevant
overdue amounts”.

(3) In this Schedule “criminal legal aid” means—

(a) advice and assistance required to be made available under section 12
10or 14, and

(b) representation required to be made available made under section 15.

Recovery by means of motor vehicle orders

2 (1) Regulations under section 23 may authorise a court to make motor vehicle
orders in respect of an individual for the purpose of enabling a relevant
15overdue amount required to be paid by the individual to be recovered by the
person to whom the amount is due.

(2) Regulations that make such provision are referred to in this Schedule as
“MVO regulations”.

(3) In this Schedule “court” means the High Court, a county court or a
20magistrates’ court.

Motor vehicle orders

3 (1) In this Schedule “motor vehicle order” means—

(a) a clamping order;

(b) a vehicle sale order.

(2) 25A clamping order is an order—

(a) that a motor vehicle be fitted with an immobilisation device
(“clamped”), and

(b) which complies with any requirements that are imposed by MVO
regulations with respect to the making of clamping orders.

(3) 30A vehicle sale order is an order that—

(a) a motor vehicle which is the subject of a clamping order is to be sold
or otherwise disposed of in accordance with provision made by
MVO regulations, and

(b) any proceeds are to be applied, in accordance with MVO regulations,
35in discharging the individual’s liability in respect of the relevant
overdue amount.

(4) MVO regulations may make provision in connection with—

(a) the procedure for making motor vehicle orders,

(b) the matters which must be included in such orders,

(c) 40the fitting of immobilisation devices,

(d) the fixing of notices to motor vehicles to which immobilisation
devices have been fitted and the content of such notices,

(e) the removal and storage of motor vehicles,

(f) the release of motor vehicles from immobilisation devices or from
storage, including the conditions to be met before a motor vehicle is
released,

(g) the sale or other disposal of motor vehicles not released,

(h) 5the imposition of charges in connection with the fitting of
immobilisation devices,

(i) the imposition of charges in connection with the removal, storage,
release (whether from immobilisation devices or from storage), sale
or disposal of motor vehicles, and

(j) 10the recovery of charges described in paragraphs (h) and (i), including
provision for them to be recovered from the proceeds of sale of motor
vehicles.

(5) In this Schedule—

• “immobilisation device” has the same meaning as in section 104(9) of
  15the Road Traffic Regulation Act 1984 (immobilisation of vehicles
  illegally parked);

• “motor vehicle” means a mechanically propelled vehicle intended or
  adapted for use on roads, except that section 189 of the Road Traffic
  Act 1988 (exceptions for certain vehicles) applies for the purposes of
  20this Schedule as it applies for the purposes of the Road Traffic Acts.

Applications

4 MVO regulations must provide that a motor vehicle order may be made in
relation to a relevant overdue amount only on the application of the person
to whom the amount is due.

25Matters of which court to be satisfied

5 (1) MVO regulations must provide that, before a court makes a clamping order
in respect of an individual, it must be satisfied—

(a) that the failure to pay the relevant overdue amount is attributable to
the individual’s wilful refusal or culpable neglect, and

(b) 30that the value of the motor vehicle or vehicles to be clamped, if sold,
would be likely to be an amount which exceeds half of the estimated
recoverable amount.

(2) In this paragraph “the estimated recoverable amount” means the aggregate
of—

(a) 35the relevant overdue amount, and

(b) the amount of the likely charges due under MVO regulations in
relation to the motor vehicle or vehicles.

Ownership of motor vehicles

6 (1) MVO regulations must provide that a clamping order must not be made
40except in relation to a motor vehicle which is owned by the individual liable
to pay the relevant overdue amount.

(2) For this purpose a motor vehicle is owned by an individual if the individual
has an interest in the motor vehicle.

Motor vehicles used by disabled persons

7 (1) MVO regulations must provide that an immobilisation device may not be
fitted to a motor vehicle—

(a) which displays a current disabled person’s badge or a current
5recognised badge, or

(b) in relation to which there are reasonable grounds for believing that it
is used for the carriage of a disabled person.

(2) In this paragraph—

• “disabled person’s badge” means a badge issued, or having effect as if
  10issued, under regulations under section 21 of the Chronically Sick
  and Disabled Persons Act 1970 (badges for display on motor vehicles
  used by disabled persons);

• “recognised badge” has the meaning given by section 21A of the
  Chronically Sick and Disabled Persons Act 1970 (recognition of
  15badges issued outside Great Britain).

Restrictions on making vehicle sale orders

8 MVO regulations must provide that, where a motor vehicle has been
clamped under a clamping order, no vehicle sale order may be made in
respect of the motor vehicle before the end of a prescribed period.

Section 30

20SCHEDULE 3 Legal aid for legal persons

Legal persons

1 In this Schedule “legal person” means a person other than an individual.

Exceptional case determinations

2 (1) 25For the purposes of this Schedule, in relation to a legal person and civil legal
services, advice, assistance or representation for the purposes of criminal
proceedings, an exceptional case determination is a determination that sub-
paragraph (2) or (3) is satisfied.

(2) This sub-paragraph is satisfied if it is necessary to make the services
30available to the legal person under this Part because failure to do so would
be a breach of—

(a) the person’s Convention rights (within the meaning of the Human
Rights Act 1998), or

(b) any rights of the person to the provision of legal services that are
35enforceable EU rights.

(3) This sub-paragraph is satisfied if it is appropriate to make the services
available to the legal person under this Part, in the particular circumstances
of the case, having regard to any risk that failure to do so would be such a
breach.

Civil legal aid

3 (1) Civil legal services are to be available to a legal person under this Part only
if the Director—

(a) has made an exceptional case determination in relation to the person
5and the services, and

(b) has determined that the person qualifies for the services in
accordance with this Part,

(and has not withdrawn either determination).

(2) Sections 10 and 11(1) apply in relation to a determination under sub-
10paragraph (1)(b) as they apply in relation to a determination under section
9(2)(b).

(3) Subsections (2) to (6) of section 11 apply in relation to a determination under
this paragraph as they apply in relation to a determination under section 9.

(4) In sections 10 and 11 as applied by this paragraph, references to an
15individual include a legal person.

Advice and assistance for criminal proceedings

4 (1) Regulations may provide that prescribed advice and assistance is to be
available under this Part to a legal person described in sub-paragraph (2)
if—

(a) 20prescribed conditions are met,

(b) the Director has made an exceptional case determination in relation
to the person and the advice and assistance (and has not withdrawn
that determination), and

(c) the Director has determined that the legal person qualifies for such
25advice and assistance in accordance with the regulations (and has
not withdrawn that determination).

(2) Those legal persons are—

(a) legal persons who are involved in investigations which may lead to
criminal proceedings, and

(b) 30legal persons who are before a court, tribunal or other person in
criminal proceedings.

(3) Subsections (3) to (9) of section 14 apply in relation to regulations under this
paragraph (and decisions made under such regulations) as they apply in
relation to regulations under that section (and decisions made under such
35regulations).

(4) In those subsections as applied by this paragraph, references to an
individual include a legal person.

(5) In this paragraph “assistance” includes, in particular, assistance in the form
of advocacy.

40Representation for criminal proceedings

5 (1) Representation for the purposes of criminal proceedings is to be available
under this Part to a legal person if—

(a) the person is a specified legal person in relation to the proceedings,
or

(b) the proceedings involve the person resisting an appeal to the Crown
Court otherwise than in an official capacity,

and the conditions in sub-paragraph (2) are met.

(2) Those conditions are that the Director—

(a) 5has made an exceptional case determination in relation to the legal
person and representation for the purposes of the proceedings, and

(b) has determined (provisionally or otherwise) that the legal person
qualifies for such representation in accordance with this Part,

(and has not withdrawn either determination).

(3) 10Where a legal person qualifies under this Part for representation for the
purposes of criminal proceedings, representation is also to be available to
the legal person for the purposes of any preliminary or incidental
proceedings.

(4) Regulations under section 15(4) and (5) apply for the purposes of sub-
15paragraph (3) as they apply for the purposes of section 15(3), except to the
extent that the regulations provide otherwise.

(5) Section 16(1)(b) applies in relation to an exceptional case determination
under sub-paragraph (2)(a) as it applies in relation to a determination under
section 15.

(6) 20Paragraphs (a) and (b) of section 16(1) apply in relation to a determination
under sub-paragraph (2)(b) as they apply in relation to a determination
under section 15.

(7) Subsections (2) to (7) of section 17 apply in relation to a determination under
sub-paragraph (2) (and a decision in relation to the interests of justice for the
25purposes of such a determination) as they apply in relation to a
determination under section 15 (and a decision for the purposes of such a
determination).

(8) The Director may not make a provisional determination under sub-
paragraph (2)(b) unless authorised to do so by regulations under sub-
30paragraph (9).

(9) Regulations may provide that the Director may make a provisional
determination that a legal person qualifies under this Part for representation
for the purposes of criminal proceedings where—

(a) the legal person is involved in an investigation which may result in
35criminal proceedings,

(b) the determination is made for the purposes of criminal proceedings
that may result from the investigation, and

(c) any prescribed conditions are met.

(10) Subsections (2) and (3) of section 19 apply in relation to regulations under
40sub-paragraph (9) (and determinations and decisions made under such
regulations) as they apply in relation to regulations under that section (and
determinations and decisions made under such regulations).

(11) In sections 16, 17 and 19 as applied by this paragraph—

(a) references to an individual include a legal person,

(b) 45references to the relevant authority have effect as if they were
references to the Director, and

(c) the reference in section 19(2)(d) to a determination made by the
Director or a court in reliance on section 17 or 18 has effect as if it
were a reference to a determination by the Director under sub-
paragraph (2)(b) made otherwise than in reliance on regulations
5under sub-paragraph (9).

(12) Regulations may prescribe circumstances in which making representation
available to a legal person for the purposes of criminal proceedings is to be
taken to be in the interests of justice for the purposes of a determination
under this paragraph.

(13) 10In this paragraph “specified legal person”, in relation to criminal
proceedings, means a description of legal person specified in regulations in
relation to those proceedings.

Financial resources

6 Section 20 applies for the purposes of a determination under paragraph
153(1)(b) or 5(2)(b), or under regulations under paragraph 4 or 5(9), as if the
references to an individual included a legal person.

Contributions and costs

7 In sections 22, 23, 24 and 25 and Schedule 2, references to an individual
include a legal person for whom services are made available under this Part
20in accordance with this Schedule or regulations under this Schedule.

8 In Schedule 2, references to criminal legal aid include advice, assistance and
representation required to be made available under paragraph 4 or 5 of this
Schedule.

Providers of services etc

9 (1) 25Section 26 applies in relation to the provision of services to a legal person in
accordance with this Schedule or regulations under this Schedule as it
applies in relation to the provision of services to an individual under this
Part.

(2) In that section as applied by this paragraph—

(a) 30references to an individual include a legal person,

(b) the reference to a determination under section 15 includes a
determination under paragraph 5(2)(b) of this Schedule, and

(c) the reference to regulations under section 14 includes regulations
under paragraph 4 of this Schedule.

(3) 35In sections 27, 28 and 29, references to an individual include a legal person
for whom services are made available under this Part in accordance with this
Schedule or regulations under this Schedule.

Supplementary matters

10 (1) In sections 33, 34 and 38(2), references to an individual include a legal person
40for whom services are made available under this Part in accordance with this
Schedule or regulations under this Schedule or who is seeking the provision
of such services.

Section 36

SCHEDULE 4 Transfer of employees and property etc of Legal Services Commission

Part 1 Transfer of employees etc

5Transfer

1 (1) An individual who is an employee of the Legal Services Commission (“the
LSC”) immediately before the transfer day becomes employed in the civil
service of the State on that day.

(2) The terms and conditions of the individual’s contract of employment
10immediately before the transfer day have effect, on and after that day, as if
they were terms and conditions of the individual’s employment in the civil
service of the State, subject to paragraph 4(1) and (2).

(3) All of the rights, powers, duties and liabilities of the LSC in connection with
the individual’s employment are transferred to the Crown on the transfer
15day, subject to paragraph 4(1) and (2).

(4) Anything done (or having effect as if done) before the transfer day—

(a) by or in relation to the LSC, and

(b) for the purposes of, or in connection with, anything transferred by
virtue of sub-paragraphs (1) to (3),

20is to have effect, so far as necessary for continuing its effect on and after that
day, as if done by or in relation to the Crown.

(5) Anything which is in the process of being done immediately before the
transfer day—

(a) by or in relation to the LSC, and

(b) 25for the purposes of, or in connection with, anything transferred by
virtue of sub-paragraphs (1) to (3),

may be continued by or in relation to the Crown.

(6) A reference to the LSC in a document, including an enactment, constituting
or relating to anything transferred by virtue of sub-paragraphs (1) to (3) is to
30have effect, so far as is necessary for giving effect to those sub-paragraphs,
as a reference to the Crown.

Continuity of employment

2 A transfer under paragraph 1 does not break the continuity of the
individual’s employment and accordingly—

(a) 35the individual is not to be regarded for the purposes of Part 11 of the
Employment Rights Act 1996 (redundancy) as having been
dismissed by reason of that transfer, and

(b) the individual’s period of employment with the LSC counts as a
period of employment in the civil service of the State for the
40purposes of that Act.