House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

42

(c)
evidence of relevant criminal proceedings for an offence

concerning domestic violence or a police report confirming

attendance at an incident resulting from domestic violence;

(d)
evidence that a victim has been referred to a multi-agency risk

assessment conference, as a high risk victim of domestic violence,

and a plan has been put in place to protect that victim from

violence by the other party;

(e)
a finding of fact in the family courts of domestic violence by the

other party giving rise to the risk of harm to the victim;

(f)
a medical report from a doctor at a UK hospital confirming that

the applicant has injuries or a condition consistent with being a

victim of domestic violence;

(g)
a letter from a General Medical Council registered general

practitioner confirming that he or she has examined the applicant

and is satisfied that the applicant had injuries or a condition

consistent with those of a victim of domestic violence;

(h)
an undertaking given to a court by the alleged perpetrator of the

abuse that he or she will not approach the applicant who is the

victim of the abuse;

(i)
a letter from a social services department confirming its

involvement in providing services to the applicant in respect of

allegations of domestic violence;

(j)
a letter of support or a report from a domestic violence support

organisation; or

(k)
other well-founded documentary evidence of abuse, such as

from a counsellor, midwife, school or witness.”
195
Page 121, leave out lines 46 and 47
196
Page 122, line 10, at end insert—

    “( )
For the avoidance of doubt, no time limit shall operate in relation to any

evidence supporting an application for civil legal services under

paragraphs 10 and 11.”
197
Page 125, line 38, leave out “paragraph 15” and insert “paragraphs 1, 2, 3, 4, 5, 6, 8,

12, 15 and 16”
198
Page 126, line 4, leave out sub-paragraph (5) and insert—

    “(5)
The services described in sub-paragraph (1) do not include services

provided in relation to judicial review in respect of an issue relating to

immigration where—

(a)
the same issue, or substantially the same issue, was the subject of

a previous judicial review or an appeal to a court or tribunal,

(b)
on the determination of the previous judicial review or appeal

(or, if there was more than one, the latest one), the court, tribunal

or other person hearing the case found against the applicant or

appellant on that issue, and

(c)
the services in relation to the new judicial review are provided

before the end of the period of 1 year beginning with the day of

that determination.”
199
Page 126, line 12, leave out “a removal direction” and insert “removal directions”
200
Page 126, line 13, leave out “direction was” and insert “directions were”

43
201
Page 126, line 15, after “decision” insert “(or, if there was more than one, the latest

decision)”
202
Page 126, line 16, leave out “such a direction” and insert “removal directions”
203
Page 126, line 27, at end insert—

  “(7A)
Sub-paragraphs (5) and (6) do not exclude services provided in relation

to judicial review of removal directions in respect of an individual where

prescribed conditions relating to either or both of the following are

met—

(a)
the period between the individual being given notice of the

removal directions and the proposed time for his or her removal;

(b)
the reasons for proposing that period.”
204
Page 126, line 39, at end insert—

““an issue relating to immigration” includes an issue relating to rights

described in paragraph 26 of this Part of this Schedule;”
205
Page 126, line 49, leave out ““removal direction” means a direction” and insert

““removal directions” means directions”
206
Page 127, line 22, after “to” insert “—

(a)
”
207
Page 127, line 23, after “1,” insert “2,”
208
Page 127, line 23, at end insert “, and

(b)
”
209
Page 127, line 24, leave out from beginning to “the” in line 28
210
Page 127, line 28, at end insert—


“Specific exclusion

      ( )
The services described in sub-paragraph (1) do not include services

provided in relation to clinical negligence.”
211
Page 128, line 6, after “to” insert “—

(a)
”
212
Page 128, line 7, after “1,” insert “2,”
213
Page 128, line 7, at end insert “, and

(b)
”
214
Page 128, line 8, leave out from beginning to “the” in line 12
215
Page 128, line 12, at end insert—


“Specific exclusion

      ( )
The services described in sub-paragraph (1) do not include services

provided in relation to clinical negligence.”
216
Page 128, line 20, at end insert—

“Clinical negligence and severely disabled infants

20A(1)
Civil legal services provided in relation to a claim for damages in respect

of clinical negligence which caused a neurological injury to an

44

individual (“V”) as a result of which V is severely disabled, but only

where the first and second conditions are met.

      (2)
The first condition is that the clinical negligence occurred—

(a)
while V was in his or her mother’s womb, or

(b)
during or after V’s birth but before the end of the following

period—

(i)
if V was born before the beginning of the 37th week of

pregnancy, the period of 8 weeks beginning with the first

day of what would have been that week;

(ii)
if V was born during or after the 37th week of pregnancy,

the period of 8 weeks beginning with the day of V’s birth.

      (3)
The second condition is that—

(a)
the services are provided to V, or

(b)
V has died and the services are provided to V’s personal

representative.


General exclusions

      (4)
Sub-paragraph (1) is subject to—

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

paragraphs 1, 2, 3 and 8 of that Part, and

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


Definitions

      (5)
In this paragraph—

“birth” means the moment when an individual first has a life

separate from his or her mother and references to an individual

being born are to be interpreted accordingly;

“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 services (including dental or nursing services);

“disabled” means physically or mentally disabled;

“personal representative”, in relation to an individual who has

died, means—

(a)
a person responsible for administering the individual’s

estate under the law of England and Wales, Scotland or

Northern Ireland, or

(b)
a person who, under the law of another country or territory,

has functions equivalent to those of administering the

individual’s estate.”
217
Page 129, leave out line 20 and insert “because I was the victim of domestic

violence”
218
Page 129, leave out lines 35 to 41
219
Page 129, line 43, at end insert—

““domestic violence” means threatening behaviour, violence or abuse

(whether psychological, physical, sexual, financial or emotional)

between individuals who are associated with each other (within the

meaning of section 62 of the Family Law Act 1996);”
220
Page 130, line 5, at end insert—

45

“Immigration: victims of domestic violence and residence cards

25A(1)
Civil legal services provided to an individual (“V”) in relation to a

residence card application where V—

(a)
has ceased to be a family member of a qualified person on the

termination of the marriage or civil partnership of the qualified

person,

(b)
is a family member who has retained the right of residence by

virtue of satisfying the conditions in regulation 10(5) of the

Immigration (European Economic Area) Regulations 2006 (S.I.

2006/1003) (“the 2006 Regulations”), and

(c)
has satisfied the condition in regulation 10(5)(d)(iv) of the 2006

Regulations on the ground that V or a family member of V was

the victim of domestic violence while the marriage or civil

partnership of the qualified person was subsisting.


General exclusions

      (2)
Sub-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 attendance at

an interview conducted on behalf of the Secretary of State with a view to

reaching a decision on an application.


Definitions

      (4)
In this paragraph—

“domestic violence” means threatening behaviour, violence or

abuse (whether psychological, physical, sexual, financial or

emotional) between individuals who are associated with each

other (within the meaning of section 62 of the Family Law Act

1996);

“family member” has the same meaning as in the 2006 Regulations

(see regulations 7 and 9);

“family member who has retained the right of residence” has the

same meaning as in the 2006 Regulations (see regulation 10);

“qualified person” has the same meaning as in the 2006 Regulations

(see regulation 6);

“residence card application” means—

(a)
an application for a residence card under regulation 17 of

the 2006 Regulations, or

(b)
an application for a permanent residence card under

regulation 18(2) of the 2006 Regulations.”
221
Page 131, line 3, at end insert—

“Victims of trafficking in human beings

27A(1)
Civil legal services provided to an individual in relation to an

application by the individual for leave to enter, or to remain in, the

United Kingdom where—

(a)
there has been a conclusive determination that the individual is

a victim of trafficking in human beings, or

46

(b)
there are reasonable grounds to believe that the individual is

such a victim and there has not been a conclusive determination

that the individual is not such a victim.

      (2)
Civil legal services provided in relation to a claim under employment

law arising in connection with the exploitation of an individual who is a

victim of trafficking in human beings, but only where—

(a)
the services are provided to the individual, or

(b)
the individual has died and the services are provided to the

individual’s personal representative.

      (3)
Civil legal services provided in relation to a claim for damages arising in

connection with the trafficking or exploitation of an individual who is a

victim of trafficking in human beings, but only where—

(a)
the services are provided to the individual, or

(b)
the individual has died and the services are provided to the

individual’s personal representative.


Exclusions

      (4)
Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this

Schedule.

      (5)
Sub-paragraphs (2) and (3) are subject to—

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

paragraphs 1, 2, 3, 4, 5, 6 and 8 of that Part, and

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


Definitions

      (6)
For the purposes of sub-paragraph (1)(b) there are reasonable grounds

to believe that an individual is a victim of trafficking in human beings if

a competent authority has determined for the purposes of Article 10 of

the Trafficking Convention (identification of victims) that there are such

grounds.

      (7)
For the purposes of sub-paragraph (1) there is a conclusive

determination that an individual is or is not a victim of trafficking in

human beings when, on completion of the identification process

required by Article 10 of the Trafficking Convention, a competent

authority concludes that the individual is or is not such a victim.

      (8)
In this paragraph—

“competent authority” means a person who is a competent

authority of the United Kingdom for the purposes of the

Trafficking Convention;

“employment” means employment under a contract of

employment or a contract personally to do work and references

to “employers” and “employees” are to be interpreted

accordingly;

“employment law” means an enactment or rule of law relating to

employment, including in particular an enactment or rule of law

conferring powers or imposing duties on employers, conferring

rights on employees or otherwise regulating the relations

between employers and employees;

“exploitation” means a form of exploitation described in section 4(4)

of the Asylum and Immigration (Treatment of Claimants, etc)

Act 2004 (trafficking people for exploitation);

47

“personal representative”, in relation to an individual who has

died, means—

(a)
a person responsible for administering the individual’s

estate under the law of England and Wales, Scotland or

Northern Ireland, or

(b)
a person who, under the law of another country or territory,

has functions equivalent to those of administering the

individual’s estate;

“the Trafficking Convention” means the Council of Europe

Convention on Action against Trafficking in Human Beings

(done at Warsaw on 16 May 2005);

“trafficking in human beings” has the same meaning as in the

Trafficking Convention.”
222
Page 132, line 2, leave out “there are no grounds on which it can be argued”
223
Page 132, line 4, at beginning insert “there are no grounds on which it can be

argued”
224
Page 132, line 6, at beginning insert “there are no grounds on which it can be

argued”
225
Page 133, line 21, after “other” insert “vehicle or”
226
Page 134, line 28, after “2003” insert “(“the 2003 Act”)”
227
Page 134, line 31, after “1978” insert “(“the 1978 Act”)”
228
Page 134, line 31, at end insert—

    “(4)
The references in sub-paragraph (1) to a sexual offence include—

(a)
incitement to commit a sexual offence,

(b)
an offence committed by a person under Part 2 of the Serious

Crime Act 2007 (encouraging or assisting crime) in relation to

which a sexual offence is the offence which the person intended

or believed would be committed,

(c)
conspiracy to commit a sexual offence, and

(d)
an attempt to commit a sexual offence.

      (5)
In this paragraph references to a sexual offence include conduct which

would be an offence under a provision of the 2003 Act or section 1 of the

1978 Act but for the fact that it took place before that provision or section

came into force.

      (6)
Conduct falls within the definition of a sexual offence for the purposes

of this paragraph whether or not there have been criminal proceedings

in relation to the conduct and whatever the outcome of any such

proceedings.”
229
Page 136, line 9, at end insert “or a previous discrimination enactment”
230
Page 136, line 14, at end insert—


“Definitions

      ( )
In this paragraph “previous discrimination enactment” means—

(a)
the Equal Pay Act 1970;

(b)
the Sex Discrimination Act 1975;

(c)
the Race Relations Act 1976;

48

(d)
the Disability Discrimination Act 1995;

(e)
the Employment Equality (Religion or Belief) Regulations 2003

(S.I. 2003/1660);

(f)
the Employment Equality (Sexual Orientation) Regulations 2003

(S.I. 2003/1661);

(g)
the Equality Act 2006;

(h)
the Employment Equality (Age) Regulations 2006 (S.I. 2006/

1031);

(i)
the Equality Act (Sexual Orientation) Regulations 2007 (S.I.

2007/1263).

      ( )
The reference in sub-paragraph (1) to contravention of the Equality Act

2010 or a previous discrimination enactment includes—

(a)
breach of a term modified by, or included by virtue of, a

provision that is an equality clause or equality rule for the

purposes of the Equal Pay Act 1970 or the Equality Act 2010, and

(b)
breach of a provision that is a non-discrimination rule for the

purposes of the Equality Act 2010.”
231
Page 136, line 23, at end insert—

“Terrorism prevention and investigation measures etc

39A(1)
Civil legal services provided to an individual in relation to a TPIM notice

relating to the individual.

      (2)
Civil legal services provided to an individual in relation to control order

proceedings relating to the individual.


Exclusions

      (3)
Sub-paragraphs (1) and (2) are subject to the exclusions in Parts 2 and 3

of this Schedule.


Definitions

      (4)
In this paragraph—

“control order proceedings” means proceedings described in

paragraph 3(1)(a) to (e) of Schedule 8 to the Terrorism Prevention

and Investigation Measures Act 2011 (“the 2011 Act”);

“TPIM notice” means a notice under section 2(1) of the 2011 Act.”
232
Page 136, line 30, leave out paragraphs (a) and (b) and insert—

“(a)
the exclusions in Parts 2 and 3 of this Schedule, except to the

extent that regulations under this paragraph provide otherwise,

and

(b)
any other prescribed exclusions.”
233
Page 137, line 1, after “to” insert “a claim in tort in respect of”
234
Page 137, line 2, after “to” insert “a claim in tort in respect of”
235
Page 137, line 4, after first “to” insert “a claim in tort in respect of”
236
Page 137, line 5, after first “to” insert “a claim in tort in respect of”
237
Page 137, line 9, after “to” insert “a claim in tort in respect of”
238
Page 137, line 14, leave out from beginning to second “a”



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