Print Options
PrintThe Whole
Act
PrintThe Whole
Part
PrintThe Whole
Cross Heading
PrintThis
Section
only
Changes over time for: Section 28
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Version Superseded: 14/10/1991
Status:
Point in time view as at 01/04/1991. This version of this provision has been superseded.
Status
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Changes to legislation:
Legal Aid Act 1988, Section 28 is up to date with all changes known to be in force on or before 22 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
[28 Care proceedings: availability.E+W
(1)Representation for the purposes of care proceedings to which this section applies shall be available to any person, other than a local authority, who is a party to the proceedings.
(2)Subject to subsection (4) below, representation may be granted where it appears to the competent authority to be desirable to do so in the interests of justice.
(3)Subject to subsection (4) below, representation must be granted where a child—
(a)is brought before a juvenile court under section 21A of the 1980 Act, and
(b)is not legally represented before the court but wishes to be.
(4)Representation shall not be granted to any person unless it appears to the competent authority that his financial resources are such as, under regulations, make him eligible for representation.
(5)Where a doubt arises whether representation should be granted to any person, the doubt shall be resolved in that person’s favour.
(6)Representation granted by a competent authority may be amended or withdrawn, whether by that or another authority competent to grant representation.
(7)Regulations may provide for an appeal to lie to a specified court or body against any refusal by a juvenile court to grant representation for the purposes of care proceedings and for that other court or body to make any grant of representation that could have been made by the juvenile court.]
Back to top