(b) they are cohabitants (as defined in Part 4 of the Family Law Act
151996), or

(c) one has parental responsibility for the other.

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.

20Exclusions

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

Equality

38 (1) Civil legal services provided in relation to contravention of the Equality Act
252010 or a previous discrimination enactment.

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) 30the exclusion in Part 3 of this Schedule.

Definitions

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

(a) the Equal Pay Act 1970;

(b) the Sex Discrimination Act 1975;

(c) 35the Race Relations Act 1976;

(d) the Disability Discrimination Act 1995;

(e) the Employment Equality (Religion or Belief) Regulations 2003
(S.I. 2003/1660S.I. 2003/1660);

(f) the Employment Equality (Sexual Orientation) Regulations 2003
40(S.I. 2003/1661S.I. 2003/1661);

(g) the Equality Act 2006;

(h) the Employment Equality (Age) Regulations 2006 (S.I. 2006/1031S.I. 2006/1031);

(i) the Equality Act (Sexual Orientation) Regulations 2007 (S.I. 2007/
1263).

(4) The reference in sub-paragraph (1) to contravention of the Equality Act 2010
or a previous discrimination enactment includes—

(a) 5breach 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.

10Cross-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
15such 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) 20Prescribed 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) 25the 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.

30Part 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 35Civil 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 40Civil 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 Civil legal services provided in relation to conveyancing.

10 5Civil 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
rights by the authority.

(2) 10In 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 Civil legal services provided in relation to matters of company or
15partnership 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) the carrying on of a business by that individual (whether or not the
20business 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,
credit or pension under—

(a) 25the 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) the Welfare Reform Act 2007,

(f) 30the Welfare Reform Act 2012, 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 Civil legal services provided in relation to changing an individual’s name.

35Part 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
the extent that Part 1 of this Schedule provides otherwise.

40Exceptions: 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 Advocacy in proceedings in the Court of Protection to the extent that they
concern—

(a) 5a 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
Health Act 1983),

(d) a person’s capacity to marry, to enter into a civil partnership or to
10enter into sexual relations, or

(e) a person’s right to family life.

5 Advocacy in proceedings in a county court.

6 Advocacy in the following proceedings in the Crown Court—

(a) proceedings for the variation or discharge of an order under section
155 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 Advocacy in a magistrates’ court that falls within the description of civil
legal services in any of paragraphs 1, 9 to 11, 13 and 14 to 16 of Part 1 of this
20Schedule.

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

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

(b) proceedings in relation to—

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

(ii) 25arrest 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) proceedings under the Proceeds of Crime Act 2002 in relation to
matters listed in paragraph 35 of Part 1 of this Schedule.

30Exceptions: tribunals

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

(a) the Mental Health Act 1983, or

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

10 35Advocacy in 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 Advocacy in proceedings in the First-tier Tribunal under—

(a) 40section 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
Equality Act 2010.