F1Part III Legal Aid for Mediation in Family Matters
26 Legal aid for mediation in family matters.
1
In the M1Legal Aid Act 1988 insert, after section 13—
Part IIIA Mediation
13A Scope of this Part.
1
This Part applies to mediation in disputes relating to family matters.
2
“Family matters” means matters which are governed by English law and in relation to which any question has arisen, or may arise—
a
under any provision of—
i
the 1973 Act;
ii
the M2Domestic Proceedings and Magistrates’ Courts Act 1978;
iii
Parts I to V of the M3Children Act 1989;
iv
Parts II and IV of the Family Law Act 1996; or
v
any other enactment prescribed;
b
under any prescribed jurisdiction of a prescribed court or tribunal; or
c
under any prescribed rule of law.
3
Regulations may restrict this Part to mediation in disputes of any prescribed description.
4
The power to—
a
make regulations under subsection (2), or
b
revoke any regulations made under subsection (3),
is exercisable only with the consent of the Treasury.
2
In section 2 of the 1988 Act, after subsection (3), insert—
3A
“Mediation” means mediation to which Part IIIA of this Act applies; and includes steps taken by a mediator in any case—
a
in determining whether to embark on mediation;
b
in preparing for mediation; and
c
in making any assessment under that Part.
3
In section 43 of the 1988 Act, after the definition of “legal representative” insert—
“mediator” means a person with whom the Board contracts for the provision of mediation by any person.
Pt. III (ss. 26-29) repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 para. 7(2), 36(9)); S.I. 2000/774, art. 2(c), Sch.