Session 2010 - 12
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Legal Aid, Sentencing and Punishment of Offenders Bill


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

160

 

      (2)  

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

Schedule.

Loss of home

34    (1)  

Civil legal services provided to an individual in relation to—

(a)   

court orders for sale or possession of the individual’s home, or

5

(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)   

the individual’s estate includes the individual’s home, and

(b)   

the petition for the bankruptcy order is or was presented by a person

10

other than the individual,

           

including services provided in relation to a statutory demand under that

Part of that Act.

           

General exclusions

      (3)  

Sub-paragraphs (1) and (2) are subject to the exclusions in Part 2 of this

15

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)  

The services described in sub-paragraph (1) include services provided in

relation to proceedings on an application under the Trusts of Land and

20

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

any of paragraphs 3 to 6 or 8 of Part 2 of this Schedule to the extent that they

are—

25

(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)   

services provided to an individual in relation to the unlawful

eviction from the individual’s home of the individual or others.

30

      (7)  

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

Schedule.

           

Specific exclusion

      (8)  

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

provided in relation to—

35

(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

and financial arrangements).

           

Definitions

40

      (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).

     (10)  

References in this paragraph to an individual’s home do not include a

vehicle or structure occupied by the individual if—

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

161

 

(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,

and

(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

5

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)  

For the purposes of sub-paragraph (10) individuals occupying, or beginning

occupation, of a vehicle or structure as a trespasser include individuals who

10

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

from a trespasser.

     (13)  

For the purposes of sub-paragraph (10) an individual who is occupying a

15

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

35    (1)  

Civil legal services provided to an individual who is homeless, or threatened

with homelessness, in relation to the provision of accommodation and

20

assistance for the individual under—

(a)   

Part 6 of the Housing Act 1996 (allocation of housing

accommodation);

(b)   

Part 7 of that Act (homelessness).

           

Exclusions

25

      (2)  

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

Schedule.

           

Definitions

      (3)  

In this paragraph “homeless” and “threatened with homelessness” have the

same meaning as in section 175 of the Housing Act 1996.

30

Risk to health or safety in rented home

36    (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

a relevant member of the individual’s family where—

(a)   

the risk arises from a deficiency in the individual’s home,

35

(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.

           

Exclusions

      (2)  

Sub-paragraph (1) is subject to—

40

(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.

           

Definitions

 
 

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

162

 

      (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)   

an adult (“A”) is a relevant member of an individual’s family if—

5

(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—

“adult” means a person aged 18 or over;

10

“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

1996 (see section 62(1) of that Act);

“deficiency” means any deficiency, whether arising as a result of the

15

construction of a building, an absence of maintenance or repair, or

otherwise;

“harm” includes temporary harm;

“health” includes mental health;

“home”, in relation to an individual, means the house, caravan,

20

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.

Anti-social behaviour

37    (1)  

Civil legal services provided to an individual in relation to—

25

(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)   

an intervention order made in respect of the individual under section

30

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.

           

Exclusions

35

      (2)  

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

Schedule.

Protection from harassment

38    (1)  

Civil legal services provided in relation to—

(a)   

an injunction under section 3 or 3A of the Protection from

40

Harassment Act 1997;

(b)   

the variation or discharge of a restraining order under section 5 or 5A

of that Act.

           

Exclusions

      (2)  

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

45

Schedule.

 
 

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

163

 

Gang-related violence

39    (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)  

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

5

Schedule.

Sexual offences

40    (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)   

the victim of the offence has died and the services are provided to the

10

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

paragraphs 1, 2, 3, 8 and 12 of that Part, and

15

(b)   

the exclusion in Part 3 of this Schedule.

           

Definitions

      (3)  

In this paragraph—

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

means—

20

(a)   

a person responsible for administering the individual’s estate

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

25

individual’s estate;

“sexual offence” means—

(a)   

an 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

30

1978 (“the 1978 Act”) (indecent photographs of children).

      (4)  

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

(a)   

incitement 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

35

sexual offence is the offence which the person intended or believed

would be committed,

(c)   

conspiracy 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

40

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

into force.

 
 

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

164

 

      (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

41    (1)  

Civil legal services provided in relation to—

5

(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)   

directions under section 54(3) of the 2002 Act (distribution of funds

10

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),

including directions under section 67D of that Act (distribution of

15

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)   

applications under section 362 of the 2002 Act (discharge or variation

20

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

of account monitoring orders).

25

           

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)   

the exclusion in Part 3 of this Schedule.

30

           

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)   

directions under section 54(3) of that Act (distribution of funds in the

35

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)  

Where a confiscation order has been made under Part 2 of the 2002 Act

40

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).

 
 

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

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Inquests

42    (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)  

Sub-paragraph (1) is subject to—

5

(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)  

For the purposes of this paragraph an individual is a member of another

10

individual’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

15

(c)   

one has parental responsibility for the other.

Environmental pollution

43    (1)  

Civil legal services provided in relation to injunctions in respect of nuisance

arising from prescribed types of pollution of the environment.

           

Exclusions

20

      (2)  

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

Schedule.

Equality

44    (1)  

Civil legal services provided in relation to contravention of the Equality Act

2010 or a previous discrimination enactment.

25

           

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.

30

           

Definitions

      (3)  

In this paragraph “previous discrimination enactment” means—

(a)   

the Equal Pay Act 1970;

(b)   

the Sex Discrimination Act 1975;

(c)   

the Race Relations Act 1976;

35

(d)   

the Disability Discrimination Act 1995;

(e)   

the Employment Equality (Religion or Belief) Regulations 2003

(S.I. 2003/1660);

(f)   

the Employment Equality (Sexual Orientation) Regulations 2003

(S.I. 2003/1661);

40

(g)   

the Equality Act 2006;

(h)   

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

 
 

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

166

 

(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)   

breach of a term modified by, or included by virtue of, a provision

5

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.

Cross-border disputes

10

45    (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

such disputes.

15

           

No exclusions

      (2)  

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

Schedule.

Terrorism prevention and investigation measures etc

46    (1)  

Civil legal services provided to an individual in relation to a TPIM notice

20

relating to the individual.

      (2)  

Civil legal services provided to an individual in relation to control order

proceedings relating to the individual.

           

Exclusions

      (3)  

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

25

this Schedule.

           

Definitions

      (4)  

In this paragraph—

“control order proceedings” means proceedings described in

paragraph 3(1)(a) to (e) of Schedule 8 to the Terrorism Prevention

30

and Investigation Measures Act 2011 (“the 2011 Act”);

“TPIM notice” means a notice under section 2(1) of the 2011 Act.

Connected matters

47    (1)  

Prescribed civil legal services provided, in prescribed circumstances, in

connection with the provision of services described in a preceding

35

paragraph of this Part of this Schedule.

           

Exclusions

      (2)  

Sub-paragraph (1) is subject to—

(a)   

the exclusions in Parts 2 and 3 of this Schedule, except to the extent

that regulations under this paragraph provide otherwise, and

40

(b)   

any other prescribed exclusions.

 
 

 
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