F1Part III Legal Aid for Mediation in Family Matters

Annotations:
Amendments (Textual)
F1

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 III (ss. 26-29) repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt.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.

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.