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Legal Aid, Sentencing and Punishment of Offenders BillPage 130

(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—

  • “abuse” means physical or mental abuse, including—

    (a)

    sexual abuse, and

    (b)

    abuse in the form of violence, neglect, maltreatment and
    45exploitation;

  • Legal Aid, Sentencing and Punishment of Offenders BillPage 131

  • “adult” means a person aged 18 or over;

  • “family enactment” means—

    (a)

    section 17 of the Married Women’s Property Act 1882
    (questions between husband and wife as to property);

    (b)

    5the Maintenance Orders (Facilities for Enforcement) Act
    1920;

    (c)

    the Maintenance Orders Act 1950;

    (d)

    the Maintenance Orders Act 1958;

    (e)

    the Maintenance Orders (Reciprocal Enforcement) Act 1972;

    (f)

    10Schedule 1 to the Domicile and Matrimonial Proceedings Act
    1973 (staying of matrimonial proceedings) and
    corresponding provision in relation to civil partnerships
    made by rules of court under section 223 of the Civil
    Partnership Act 2004;

    (g)

    15the Matrimonial Causes Act 1973;

    (h)

    the Inheritance (Provision for Family Dependants) Act 1975;

    (i)

    the Domestic Proceedings and Magistrates’ Courts Act 1978;

    (j)

    Part 3 of the Matrimonial and Family Proceedings Act 1984
    (financial relief after overseas divorce etc);

    (k)

    20Parts 1 and 3 of the Family Law Act 1986 (child custody and
    declarations of status);

    (l)

    Parts 1 and 2 of the Children Act 1989 (orders with respect to
    children in family proceedings);

    (m)

    section 53 of, and Schedule 7 to, the Family Law Act 1996
    25(transfer of tenancies on divorce etc or separation of
    cohabitants);

    (n)

    Chapters 2 and 3 of Part 2 of the Civil Partnership Act 2004
    (dissolution, nullity and other proceedings and property and
    financial arrangements);

    (o)

    30section 54 of the Human Fertilisation and Embryology Act
    2008 (applications for parental orders).

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—

  • 5“abuse” means physical or mental abuse, including—

    (a)

    sexual abuse, and

    (b)

    abuse in the form of violence, neglect, maltreatment and
    exploitation;

  • “adult” means a person aged 18 or over;

  • 10“child” means a person under the age of 18.

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.

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(9) In this paragraph—

  • “child” means a person under the age of 18;

  • “family enactment” has the meaning given in paragraph 10.

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—

  • “child” means a person under the age of 18;

  • “family enactment” has the meaning given in paragraph 10.

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—

  • “the 1980 European Convention on Child Custody” means the
    European Convention on Recognition and Enforcement of Decisions
    concerning Custody of Children and on the Restoration of Custody
    15of Children which was signed in Luxembourg on 20 May 1980;

  • “the 1980 Hague Convention” means the Convention on the Civil
    Aspects of International Child Abduction which was signed at The
    Hague on 25 October 1980;

  • “the 2003 Brussels Regulation” means Council Regulation (EC)
    20No. 2001/2003 of 27 November 2003 concerning jurisdiction and the
    recognition and enforcement of judgments in matrimonial matters
    and the matters of parental responsibility.

(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—

  • “the 1968 Brussels Convention” means the Convention on jurisdiction
    5and the enforcement of judgments in civil and commercial matters
    (including the Protocol annexed to that Convention) signed at
    Brussels on 27 September 1968;

  • “the 1973 Hague Convention” means the Convention on the
    recognition and enforcement of decisions relating to maintenance
    10obligations concluded at The Hague on 2 October 1973;

  • “the 1989 Lugano Convention” means the Convention on jurisdiction
    and the enforcement of judgments in civil and commercial matters
    (including the Protocols annexed to that Convention) opened for
    signature at Lugano on 16 September 1988 and signed by the United
    15Kingdom on 18 September 1989;

  • “the 2000 Brussels Regulation” means Council Regulation (EC) No. 44/
    2001 of 22 December 2000 on jurisdiction and the recognition and
    enforcement of judgments in civil and commercial matters;

  • “the 2007 Lugano Convention” means the Convention on jurisdiction
    20and enforcement of judgments in civil and commercial matters,
    between the European Community and the Republic of Iceland, the
    Kingdom of Norway, the Swiss Confederation and the Kingdom of
    Denmark signed on behalf of the European Community on 30
    October 2007;

  • 25“the EU Maintenance Regulation” means Council Regulation (EC) No.
    4/2009 of 18 December 2008 on jurisdiction, applicable law,
    recognition and enforcement of decisions and co-operation in
    matters relating to maintenance obligations;

  • “maintenance order”, in relation to a convention or regulation listed in
    30this paragraph, means a maintenance judgment within the meaning
    of that convention or regulation.

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

Legal Aid, Sentencing and Punishment of Offenders BillPage 136

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—

  • EU Procedures Directive” means Council Directive 2005/85/EC of 1
    December 2005 on minimum standards on procedures in Member
    States for granting and withdrawing refugee status;

  • 40“judicial review” means—

    (a)

    the procedure on an application for judicial review (see
    section 31 of the Senior Courts Act 1981), but not including
    the procedure after the application is treated under rules of
    court as if it were not such an application, and

    (b)

    45any procedure in which a court, tribunal or other person
    mentioned in Part 3 of this Schedule is required by an
    enactment to make a decision applying the principles that are
    applied by the court on an application for judicial review;

  • “removal direction” means a direction under—

    Legal Aid, Sentencing and Punishment of Offenders BillPage 137

    (a)

    paragraphs 8 to 10A of Schedule 2 to the Immigration Act
    1971 (removal of persons refused leave to enter and illegal
    entrants);

    (b)

    paragraphs 12 to 14 of Schedule 2 to that Act (removal of
    5seamen and aircrew);

    (c)

    paragraph 1 of Schedule 3 to that Act (removal of persons
    liable to deportation);

    (d)

    section 10 of the Immigration and Asylum Act 1999 (removal
    of certain persons unlawfully in the United Kingdom);

    (e)

    10section 47 of the Immigration, Asylum and Nationality Act
    2006 (removal of persons with statutorily extended leave).

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—

  • “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);

  • 40“public authority” has the same meaning as in section 6 of the Human
    Rights Act 1998.

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—

  • 15“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);

  • “Convention rights” has the same meaning as in the Human Rights Act
    1998;

  • 20“public authority” has the same meaning as in section 6 of that Act.

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 I for indefinite leave to remain in the United Kingdom on the
15grounds 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—

  • 35“abuse” means physical or mental abuse, including—

    (a)

    sexual abuse, and

    (b)

    abuse in the form of violence, neglect, maltreatment and
    exploitation;

  • “associated person”, in relation to an individual, means a person who
    40is associated with the individual within the meaning of section 62 of
    the Family Law Act 1996;

  • “cohabitant” has the same meaning as in Part 4 of the Family Law Act
    1996 (see section 62 of that Act);

  • Legal Aid, Sentencing and Punishment of Offenders BillPage 140

  • “indefinite leave to remain in the United Kingdom” means leave to
    remain in the United Kingdom under the Immigration Act 1971
    which is not limited as to duration;

  • “present and settled in the United Kingdom” has the same meaning as
    5in the rules made under section 3(2) of the Immigration Act 1971.

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—

  • “the Human Rights Convention” means the Convention for the
    Protection of Human Rights and Fundamental Freedoms, agreed by
    25the Council of Europe at Rome on 4 November 1950 as it has effect
    for the time being in relation to the United Kingdom;

  • “the Qualification Directive” means Council Directive 2004/83/EC of
    29 April 2004 on minimum standards for the qualification and status
    of third country nationals or stateless persons as refugees or as
    30persons who otherwise need international protection and the content
    of the protection granted;

  • “the Refugee Convention” means the Convention relating to the Status
    of Refugees done at Geneva on 28 July 1951 and the Protocol to the
    Convention;

  • 35“the Temporary Protection Directive” means Council Directive 2001/
    55/EC of 20 July 2001 on minimum standards for giving temporary
    protection in the event of a mass influx of displaced persons and on
    measures promoting a balance of efforts between Member States in
    receiving such persons and bearing the consequences thereof.

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).

Legal Aid, Sentencing and Punishment of Offenders BillPage 141

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—

(a) there are no grounds on which it can be argued that the individual is
occupying the vehicle or structure otherwise than as a trespasser,
5and

(b) there are no grounds on which it can be argued 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
10other vehicle include the land on which it is located or to which it is moored.

(12) For 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) 15a licence or consent given by a trespasser or a person deriving title
from 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.

20Homelessness

29 (1) Civil 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
25accommodation);

(b) Part 7 of that Act (homelessness).

Exclusions

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

30Definitions

(3) In 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
35reduction of a serious risk of harm to the health or safety of the individual or
a 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
40person makes arrangements to remove or reduce the risk.

Exclusions

(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) 45the exclusion in Part 3 of this Schedule.

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Definitions

(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
5child;

(b) an 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) 10In this paragraph—

  • “adult” means a person aged 18 or over;

  • “building” includes part of a building;

  • “child” means a person under the age of 18;

  • “cohabitant” has the same meaning as in Part 4 of the Family Law Act
    151996 (see section 62(1) of that Act);

  • “deficiency” means any deficiency, whether arising as a result of the
    construction of a building, an absence of maintenance or repair, or
    otherwise;

  • “harm” includes temporary harm;

  • 20“health” includes mental health;

  • “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, together with any garden or ground usually
    occupied with it.

25Anti-social behaviour

31 (1) Civil 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
30of the 1998 Act following an application under section 1B of that Act;

(c) an 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
35section 153A of the Housing Act 1996.

Exclusions

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

Protection from harassment

32 (1) 40Civil legal services provided in relation to—

(a) an 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.

45Exclusions

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

Gang-related violence

33 (1) Civil legal services provided in relation to injunctions under Part 4 of the
5Policing and Crime Act 2009 (injunctions to prevent gang-related violence).

Exclusions

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

Sexual offences

34 (1) 10Civil 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) the victim of the offence has died and the services are provided to the
victim’s personal representative.

Exclusions

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

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

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

Definitions

(3) 20In this paragraph—

  • “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
    25Ireland, or

    (b)

    a person who, under the law of another country or territory,
    has functions equivalent to those of administering the
    individual’s estate;

  • “sexual offence” means—

    (a)

    30an offence under a provision of the Sexual Offences Act 2003
    (“the 2003 Act”), and

    (b)

    an offence under section 1 of the Protection of Children Act
    1978 (“the 1978 Act”) (indecent photographs of children).

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

(a) 35incitement 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) 40conspiracy 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
45into force.

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(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.

Proceeds of crime

35 (1) 5Civil legal services provided in relation to—

(a) restraint orders under section 41 of the Proceeds of Crime Act 2002
(“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) 10directions under section 54(3) of the 2002 Act (distribution of funds
in the hands of a receiver);

(d) directions under section 62 of the 2002 Act (action to be taken by
receiver);

(e) orders under section 67A of the 2002 Act (realising property),
15including directions under section 67D of that Act (distribution of
proceeds of realisation);

(f) orders 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) 20applications under section 362 of the 2002 Act (discharge or variation
of disclosure order);

(i) applications 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
25of account monitoring orders).

General exclusions

(2) Sub-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) 30the 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) 35directions under section 54(3) of that Act (distribution of funds in the
hands 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) 40Where 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
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).

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Inquests

36 (1) Civil 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) 5Sub-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) the exclusion in Part 3 of this Schedule.

Definitions

(3) 10For 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
marriage or civil partnership),