Legal Aid, Sentencing and Punishment of Offenders Bill (HL Bill 109)

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

10Exclusions

(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.

15Cross-border disputes

39 (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
disputes by establishing minimum common rules relating to legal aid for
20such disputes.

No exclusions

(2) Sub-paragraph (1) is not subject to the exclusions in Parts 2 and 3 of this
Schedule.

Connected matters

40 (1) 25Prescribed 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) Sub-paragraph (1) is subject to—

(a) 30the 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
of this paragraph.

35Part 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
Schedule provides otherwise.

1 40Civil 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 Civil legal services provided in relation to trespass to goods.

5 5Civil 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 Civil legal services provided in relation to breach of statutory duty.

9 10Civil 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
15rights by the authority.

(2) In this paragraph—

• “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 20Civil legal services provided in relation to matters of company or
partnership law.

14 Civil 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) 25the 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) the 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,
30credit or pension under—

(a) the Social Security Contributions and Benefits Act 1992,

(b) the Jobseekers Act 1995,

(c) the State Pension Credit Act 2002,

(d) the Tax Credits Act 2002,

(e) 35the Welfare Reform Act 2007,

(f) the Welfare Reform Act 2011, or

(g) any other enactment relating to social security.

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

17 40Civil legal services provided in relation to changing an individual’s name.

Part 3 Advocacy: 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
5the extent that Part 1 of this Schedule provides otherwise.

Exceptions: courts

1 Advocacy in proceedings in the Supreme Court.

2 Advocacy in proceedings in the Court of Appeal.

3 Advocacy in proceedings in the High Court.

4 10Advocacy in proceedings in the Court of Protection to the extent that they
concern—

(a) a person’s right to life,

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

(c) a person’s medical treatment (within the meaning of the Mental
15Health Act 1983),

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

(e) a person’s right to family life.

5 Advocacy in proceedings in a county court.

6 20Advocacy 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) proceedings under the Proceeds of Crime Act 2002 in relation to
matters listed in paragraph 35 of Part 1 of this Schedule.

7 25Advocacy 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 Advocacy in the following proceedings in a magistrates’ court—

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

(b) 30proceedings 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) proceedings for the variation or discharge of an order under section
5 or 5A of the Protection from Harassment Act 1997, and

(d) 35proceedings under the Proceeds of Crime Act 2002 in relation to
matters listed in paragraph 35 of Part 1 of this Schedule.

Exceptions: tribunals

9 Advocacy in proceedings in the First-tier Tribunal under—

(a) the Mental Health Act 1983, or

(b) 40paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act
1984.

10 Proceedings in the Mental Health Review Tribunal for Wales.

11 Advocacy 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 5Advocacy in proceedings in the First-tier Tribunal under—

(a) section 40A of the British Nationality Act 1981, or

(b) regulation 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
10Equality Act 2010.

13 Advocacy in the First-tier Tribunal that falls within the description of civil
legal services in paragraph 25 of Part 1 of this Schedule.

14 Advocacy in proceedings in the First-tier Tribunal under—

(a) section 4 or 4A of the Protection of Children Act 1999 (appeals and
15applications 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
vulnerable adults),

(c) 20section 32 of the Criminal Justice and Court Services Act 2000
(applications relating to disqualification orders), or

(d) section 144 of the Education Act 2002 (appeals and reviews relating
to direction prohibiting person from teaching etc).

15 Advocacy in proceedings in the Upper Tribunal arising out of proceedings
25within any of paragraphs 9 to 14 of this Part of this Schedule.

16 Advocacy in proceedings in the Upper Tribunal under section 4 of the
Safeguarding Vulnerable Groups Act 2006.

17 Advocacy in proceedings in the Upper Tribunal under section 11 of the
Tribunals, Courts and Enforcement Act 2007 (appeals on a point of law)
30from 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.

18 Advocacy in proceedings which are brought before the Upper Tribunal
35(wholly or primarily) to exercise its judicial review jurisdiction under section
15 of the Tribunals, Courts and Enforcement Act 2007.

19 Advocacy where judicial review applications are transferred to the Upper
Tribunal from the High Court under section 31A of the Senior Courts Act
1981.

20 40Advocacy in proceedings in the Employment Appeal Tribunal, but only to
the extent that the proceedings concern contravention of the Equality Act
2010.

Other exceptions

21 Advocacy in proceedings in the Special Immigration Appeals Commission.