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Legal Aid, Sentencing and Punishment of Offenders Bill


Legal Aid, Sentencing and Punishment of Offenders Bill
Part 4 — Final provisions

139

 

155     

Short title

This Act may be cited as the Legal Aid, Sentencing and Punishment of

Offenders Act 2012.

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 1 — Civil legal services
Part 1 — Services

140

 

Schedules

Schedule 1

Section 9

 

Civil legal services

Part 1

Services

5

Social welfare law

1     (1)  

Civil legal services provided in respect of a social welfare decision relating

to a benefit, allowance, payment, credit or pension under—

(a)   

the Social Security Contributions and Benefits Act 1992;

(b)   

the Jobseekers Act 1995;

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(c)   

the State Pension Credit Act 2002;

(d)   

the Tax Credits Act 2002;

(e)   

the Welfare Reform Act 2007;

(f)   

the Welfare Reform Act 2012; or

(g)   

any other enactment relating to social security.

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      (2)  

For the purposes of sub-paragraph (1), “civil legal services” includes

independent advice and assistance for a review, or appeal to a first-tier

tribunal, of such a decision.

2     (1)  

Civil legal services provided in respect of a social welfare decision relating

to a benefit, allowance, payment, credit or pension under—

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(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)   

the Welfare Reform Act 2007;

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(f)   

the Welfare Reform Act 2012; or

(g)   

any other enactment relating to social security.

      (2)  

For the purposes of sub-paragraph (1), “civil legal services” includes—

(a)   

independent advice or assistance for an appeal to a second-tier

tribunal; and

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(b)   

independent advice, assistance and representation at a higher court

of such a decision.

Clinical negligence

3     (1)  

Civil legal services provided in relation to the obtaining of one or more

expert reports in clinical negligence proceedings.

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Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 1 — Civil legal services
Part 1 — Services

141

 

      (2)  

In this paragraph—

“clinical negligence proceedings” means proceedings which include a

claim for damages in respect of clinical negligence;

“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

5

services (including dental or nursing services);

“expert report” means a report by a person qualified to give expert

advice on all or most of the matters that are the subject of the report;

“proceedings” includes any sort of proceedings for resolving disputes

(and not just proceedings in court), whether commenced or

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contemplated.

Care, supervision and protection of children

4     (1)  

Civil legal services provided in relation to—

(a)   

orders under section 25 of the Children Act 1989 (“the 1989 Act”)

(secure accommodation);

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(b)   

orders under Part 4 of the 1989 Act (care and supervision);

(c)   

orders under Part 5 of the 1989 Act (protection of children);

(d)   

approval by a court under paragraph 19 of Schedule 2 to the 1989 Act

(arrangements to assist children to live abroad);

(e)   

parenting orders under section 8 of the Crime and Disorder Act 1998

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(“1998 Act”);

(f)   

child safety orders under section 11 of the 1998 Act;

(g)   

orders for contact under section 26 of the Adoption and Children Act

2002 (“the 2002 Act”);

(h)   

applications for leave of the court to remove a child from a person’s

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custody under section 36 of the 2002 Act;

(i)   

placement orders, recovery orders or adoption orders under Chapter

3 of Part 1 of the 2002 Act (see sections 21, 41 and 46 of that Act);

(j)   

orders under section 84 of the 2002 Act (parental responsibility prior

to adoption abroad);

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(k)   

any other orders or procedures under an enactment for the care,

supervision or protection of children that are prescribed for the

purposes of this paragraph.

      (2)  

Civil legal services provided in relation to an order under an enactment

made—

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(a)   

as an alternative to an order mentioned in, or prescribed under, sub-

paragraph (1), or

(b)   

in proceedings heard together with proceedings relating to such an

order.

           

Exclusions

40

      (3)  

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

this Schedule.

           

Definitions

      (4)  

In this paragraph “children” means persons under the age of 18.

Special educational needs

45

5     (1)  

Civil legal services provided in relation to—

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 1 — Civil legal services
Part 1 — Services

142

 

(a)   

matters arising under Part 4 of the Education Act 1996 (special

educational needs);

(b)   

assessments relating to learning difficulties under sections 139A and

140 of the Learning and Skills Act 2000.

           

Exclusions

5

      (2)  

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

Schedule.

Abuse of child or vulnerable adult

6     (1)  

Civil legal services provided in relation to abuse of an individual that took

place at a time when the individual was a child or vulnerable adult, but only

10

where—

(a)   

the services are provided to the individual, or

(b)   

the individual has died and the services are provided—

(i)   

to the individual’s personal representative, or

(ii)   

for the purposes of a claim under the Fatal Accidents Act 1976

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for the benefit of the individual’s dependants.

           

General exclusions

      (2)  

Sub-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 of that Part, and

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(b)   

the exclusion in Part 3 of this Schedule.

           

Specific exclusions

      (3)  

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

provided in relation to clinical negligence.

      (4)  

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

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provided in relation to a matter arising under a family enactment.

           

Definitions

      (5)  

In this paragraph—

“abuse” means physical or mental abuse, including—

(a)   

sexual abuse, and

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(b)   

abuse in the form of violence, neglect, maltreatment and

exploitation;

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

“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

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services (including dental or nursing services);

“family enactment” has the meaning given in paragraph 14;

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

means—

(a)   

a person responsible for administering the individual’s estate

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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;

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Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 1 — Civil legal services
Part 1 — Services

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“vulnerable adult” means a person aged 18 or over whose ability to

protect himself or herself from abuse is significantly impaired

through physical or mental disability or illness, through old age or

otherwise.

Working with children and vulnerable adults

5

7     (1)  

Civil legal services provided in relation to—

(a)   

the inclusion of a person in a barred list or the removal of a person

from a barred list;

(b)   

a disqualification order under section 28, 29 or 29A of the Criminal

Justice and Court Services Act 2000 (disqualification from working

10

with children);

(c)   

a direction under section 142 of the Education Act 2002 (prohibition

from teaching etc).

           

Exclusions

      (2)  

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

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Schedule.

           

Definitions

      (3)  

In this paragraph “barred list” means a list maintained under—

(a)   

section 2 of the Safeguarding Vulnerable Groups Act 2006 (persons

barred from regulated activities relating to children or vulnerable

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adults);

(b)   

section 81 of the Care Standards Act 2000;

(c)   

section 1 of the Protection of Children Act 1999.

Mental health and mental capacity

8     (1)  

Civil legal services provided in relation to matters arising under—

25

(a)   

the Mental Health Act 1983;

(b)   

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

1984;

(c)   

the Mental Capacity Act 2005.

           

General exclusions

30

      (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 services

provided in relation to—

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(a)   

the creation of lasting powers of attorney under the Mental Capacity

Act 2005, or

(b)   

the making of advance decisions under that Act.

      (4)  

Sub-paragraph (3) does not exclude services provided in relation to

determinations and declarations by a court under the Mental Capacity Act

40

2005 as to the validity, meaning, effect or applicability of—

(a)   

a lasting power of attorney that has been created, or

(b)   

an advance decision that has been made.

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 1 — Civil legal services
Part 1 — Services

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Community care

9     (1)  

Civil legal services provided in relation to community care services.

           

Exclusions

      (2)  

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

Schedule.

5

           

Definitions

      (3)  

In this paragraph—

“community care services” means services which a relevant person

may provide or arrange to be provided under—

(a)   

Part 3 of the National Assistance Act 1948 (“the 1948 Act”)

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(local authority support for children and families);

(b)   

section 47 of the 1948 Act (removal to suitable premises of

persons in need of care and attention);

(c)   

section 48 of the 1948 Act (temporary protection for property

of persons admitted to hospital);

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(d)   

section 45 of the Health Services and Public Health Act 1968

(arrangements for promoting welfare of old people);

(e)   

section 117 of the Mental Health Act 1983 (after-care);

(f)   

section 17 of the Children Act 1989 (“the 1989 Act”)

(provision of services for children in need);

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(g)   

section 20 of the 1989 Act (provision of accommodation for

children);

(h)   

sections 22A, 22B, 22C and 23 of the 1989 Act

(accommodation and maintenance for children in care and

looked after children);

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(i)   

sections 23B and 23C of the 1989 Act (local authority

functions in respect of relevant children);

(j)   

sections 24, 24A and 24B of the 1989 Act (provision of services

for persons qualifying for advice and assistance);

(k)   

section 2 of the Carers and Disabled Children Act 2000

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(services for carers);

(l)   

section 254 of, and Schedule 20 to, the National Health

Service Act 2006 (functions of local social service authorities);

(m)   

section 192 of, and Schedule 15 to, the National Health

Service (Wales) Act 2006 (functions of local social service

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authorities);

(n)   

any other enactment prescribed for the purposes of this

paragraph;

“relevant person” means—

(a)   

a district council;

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(b)   

a county council;

(c)   

a county borough council;

(d)   

a London borough council;

(e)   

the Common Council of the City of London;

(f)   

a Primary Care Trust established under section 18 of the

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National Health Service Act 2006;

(g)   

a Local Health Board established under section 11 of the

National Health Service (Wales) Act 2006;

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 1 — Civil legal services
Part 1 — Services

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(h)   

any other person prescribed for the purposes of this

paragraph.

Facilities for disabled persons

10    (1)  

Civil legal services provided in relation to grants under Part 1 of the

Housing Grants, Construction and Regeneration Act 1996 for the provision

5

of facilities for disabled persons.

           

Exclusions

      (2)  

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

Schedule.

           

Definitions

10

      (3)  

In this paragraph “disabled person” has the meaning given in section 100 of

the Housing Grants, Construction and Regeneration Act 1996.

Inherent jurisdiction of High Court in relation to children and vulnerable adults

11    (1)  

Civil legal services provided in relation to the inherent jurisdiction of the

High Court in relation to children and vulnerable adults.

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Exclusions

      (2)  

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

Schedule.

           

Definitions

      (3)  

In this paragraph—

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“adults” means persons aged 18 or over;

“children” means persons under the age of 18.

Unlawful removal of children from the United Kingdom

12    (1)  

Civil legal services provided to an individual in relation to the following

orders and requirements where the individual is seeking to prevent the

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unlawful removal of a related child from the United Kingdom—

(a)   

a prohibited steps order or specific issue order (as defined in section

8(1) of the Children Act 1989);

(b)   

an order under section 33 of the Family Law Act 1986 for disclosure

of the child’s whereabouts;

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(c)   

a requirement under section 37 of that Act to surrender a passport

issued to, or containing particulars of, the child.

           

Exclusions

      (2)  

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

Schedule.

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Definitions

      (3)  

For the purposes of this paragraph, a child is related to an individual if the

individual is the child’s parent or has parental responsibility for the child.

      (4)  

In this paragraph “child” means a person under the age of 18.

 
 

 
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Revised 22 March 2012