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Legal Aid, Sentencing and Punishment of Offenders BillPage 120

(4) For 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
51996 (see section 62 of that Act).

(5) For 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
10out 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.

General 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) 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 conveyancing, but only where—

(a) the services in relation to conveyancing are provided in the course of
20giving effect to a court order made in proceedings, and

(b) services described in that sub-paragraph (other than services in
relation 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) 25Sub-paragraph (1) is subject to the exclusion in Part 3 of this Schedule.

Specific exclusion

(6) The 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) 30For 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).

(8) 35For the purposes of this paragraph—

(a) matters arising out of a family relationship include matters arising
under 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
40relationship.

(9) In this paragraph—

Protection of children and family matters

11 (1) Civil 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
35order 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) orders under section 6(7) of the 1989 Act (termination of
appointment of guardian);

(c) 40orders 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) orders under section 33(1) of the Family Law Act 1986 (“the 1986
Act”) (disclosure of child’s whereabouts);

(f) 45orders 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.

Exclusions

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

Definitions

(3) In this paragraph—

Mediation in family disputes

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

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

15Exclusions

(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) But the exclusions described in sub-paragraph (3) are subject to the
exception in sub-paragraph (5).

(5) 20The 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
giving effect to arrangements for the resolution of a family dispute,
and

(b) 25services 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
purposes of this Part of this Act.

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

Definitions

(7) For the purposes of this paragraph—

(a) a dispute is a family dispute if it is a dispute between individuals
about a matter arising out of a family relationship between the
35individuals,

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

(8) 40For the purposes of this paragraph—

(a) matters arising out of a family relationship include matters arising
under 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
45relationship.

Legal Aid, Sentencing and Punishment of Offenders BillPage 123

(9) In this paragraph—

Children who are parties to family proceedings

13 (1) 5Civil 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
10proposes to conduct, the proceedings without a children’s guardian
or 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
15Schedule.

Definitions

(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) 20there is a family relationship between two individuals if they are
associated 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) 25matters arising out of a family relationship include matters arising
under 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) 30In this paragraph—

Forced marriage

14 (1) Civil legal services provided in relation to forced marriage protection orders
35under Part 4A of the Family Law Act 1996.

Exclusions

(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) 40Civil legal services provided in relation to—

(a) an 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;

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(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
England and Wales;

(c) the recognition or enforcement of a judgment in England and Wales
5in 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.

10Definitions

(3) In this paragraph—

(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
25Lord Chancellor in accordance with section 3 or 14 of the Child Abduction
and Custody Act 1985.

EU 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
30maintenance order—

(a) the 1968 Brussels Convention;

(b) the 1973 Hague Convention;

(c) the 1989 Lugano Convention;

(d) the 2000 Brussels Regulation;

(e) 35the 2007 Lugano Convention.

(2) Civil legal services provided in relation to an application under Article 56 of
the EU Maintenance Regulation (applications relating to maintenance
decisions).

(3) Civil legal services provided to an individual in relation to proceedings in
40England and Wales relating to the recognition, enforceability or enforcement
of a maintenance decision in circumstances in which the individual falls
within 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) 45Sub-paragraphs (1) to (3) are subject to—

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

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

Definitions

(5) In this paragraph—

Judicial review

17 (1) Civil legal services provided in relation to judicial review of an enactment,
decision, act or omission.

35General 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) the exclusion in Part 3 of this Schedule.

40Specific exclusion: benefit to individual

(3) The services described in sub-paragraph (1) do not include services
provided 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) 45Sub-paragraph (3) does not exclude services provided in relation to a
judicial review where the judicial review ceases to have the potential to
produce such a benefit after civil legal services have been provided in

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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
5described in paragraph 26 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
10review, 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
individual where the direction was given not more than 1 year after the
latest of the following—

(a) 15the 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) the determination or withdrawal of an appeal against that decision.

(7) Sub-paragraphs (5) and (6) do not exclude services provided to an
20individual in relation to—

(a) judicial review of a negative decision in relation to an asylum
application (within the meaning of the EU Procedures Directive)
where there is no right of appeal to the First-tier Tribunal against the
decision;

(b) 25judicial review of certification under section 94 or 96 of the
Nationality, Immigration and Asylum Act 2002 (certificate
preventing or restricting appeal of immigration decision).

Definitions

(8) For the purposes of this paragraph an individual is a member of another
30individual’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
1996), or

(c) 35one has parental responsibility for the other.

(9) In this paragraph—

Habeas corpus

18 (1) Civil legal services provided in relation to a writ of habeas corpus ad
subjiciendum.

15Exclusions

(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) Civil legal services provided in relation to abuse by a public authority of its
20position 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) But the exclusions described in sub-paragraph (2) are subject to the
25exception 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.

Definitions

(6) 30For 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) results in harm to a person or property that was reasonably
35foreseeable.

(7) In this paragraph—

Breach of Convention rights by public authority

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

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(a) a 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.

5Exclusions

(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) 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 negligence other than clinical negligence.

(5) Sub-paragraph (1) is subject to the exclusion in Part 3 of this Schedule.

Definitions

(6) In this paragraph—

Special Immigration Appeals Commission

21 (1) Civil legal services provided in relation to proceedings before the Special
Immigration Appeals Commission.

Exclusions

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

Immigration: detention

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

(a) detention under the authority of an immigration officer;

(b) 30detention under Schedule 3 to the Immigration Act 1971;

(c) detention under section 62 of the Nationality, Immigration and
Asylum Act 2002;

(d) detention under section 36 of the UK Borders Act 2007.

Exclusions

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

Immigration: temporary admission

23 (1) Civil legal services provided in relation to temporary admission to the
United Kingdom under—

(a) 40paragraph 21 of Schedule 2 to the Immigration Act 1971;

(b) section 62 of the Nationality, Immigration and Asylum Act 2002.

Exclusions

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(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) 5paragraph 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) 10Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this
Schedule.

Immigration: victims of domestic violence and indefinite leave to remain

25 (1) Civil legal services provided to an individual (“I”) in relation to an
application by the individual for indefinite leave to remain in the United
15Kingdom on the grounds that—

(a) I was given leave to enter or remain in the United Kingdom for a
limited period as the partner of another individual present and
settled in the United Kingdom, and

(b) I’s relationship with the other individual broke down permanently
20as a result of the abuse of I by an associated person.

General exclusions

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

Specific exclusion

(3) 25The 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) For the purposes of this paragraph, one individual is a partner of another
30if—

(a) they are married to each other,

(b) they are civil partners of each other, or

(c) they are cohabitants.

(5) In this paragraph—

Immigration: rights to enter and remain

26 (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 2 or 3 of the Human Rights Convention;

(c) the Temporary Protection Directive;

(d) the Qualification Directive.

General exclusions

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

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 a claim in respect of the rights mentioned in that sub-
20paragraph, except where regulations provide otherwise.

Definitions

(4) In this paragraph—

40Immigration: accommodation for asylum-seekers etc

27 (1) Civil 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-
45seekers);

(b) section 17 of the Nationality, Immigration and Asylum Act 2002
(support for destitute asylum-seekers).

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Exclusions

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

Loss of home

28 (1) 5Civil 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) Civil 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) 10the 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,

including services provided in relation to a statutory demand under that
Part of that Act.

15General 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) But the exclusions described in sub-paragraph (3) are subject to the
exceptions in sub-paragraphs (5) and (6).

(5) 20The 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
Act 1986 applies (application by trustee of bankrupt’s estate).

(6) The services described in sub-paragraph (1) include services described in
25any 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
proceedings for a court order for sale or possession of the
individual’s home, or

(b) 30services 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
Schedule.

Specific exclusion

(8) 35The services described in sub-paragraph (1) do not include services
provided 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
40and financial arrangements).

Definitions

(9) 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 (10).

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(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) that the individual is occupying the vehicle or structure otherwise
5than 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) 10For 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
15from 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

29 (1) 20Civil 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) 25Part 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) 30In 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

30 (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
35a 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.

40Exclusions

(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.

45Definitions

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(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) 5an 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) In this paragraph—

Anti-social behaviour

31 (1) 25Civil 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) 30an 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.

35Exclusions

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

Protection from harassment

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

(a) 40an 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) 45Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this
Schedule.

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Gang-related violence

33 (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) 5Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this
Schedule.

Sexual offences

34 (1) Civil legal services provided in relation to a sexual offence, but only where—

(a) the services are provided to the victim of the offence, or

(b) 10the victim of the offence has died and the services are provided to the
victim’s personal representative.

Exclusions

(2) Sub-paragraph (1) is subject to—

(a) the exclusions in Part 2 of this Schedule, with the exception of
15paragraphs 1, 2, 3, 8 and 12, and

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

Definitions

(3) In this paragraph—

Proceeds of crime

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

(a) restraint orders under section 41 of the Proceeds of Crime Act 2002
35(“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) 40directions 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) 45orders under section 72 or 73 of the 2002 Act (compensation);

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(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) 5applications 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) 10Sub-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) 15Where 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
hands of a receiver), or

(b) 20directions 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
against a defendant and varied under section 29 of that Act, the services
25described 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

36 (1) Civil legal services provided to an individual in relation to an inquest under
30the 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
paragraph 1 of that Part, and

(b) 35the 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) they are relatives (whether of the full blood or half blood or by
40marriage 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.

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Environmental pollution

37 (1) Civil legal services provided in relation to injunctions in respect of nuisance
arising from prescribed types of pollution of the environment.

Exclusions

(2) 5Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this
Schedule.

Equality

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