Legal Aid Act 1988

Section 14.

SCHEDULE 2 Civil Proceedings: Scope of Part IV Representation

Part I Description of Proceedings

1 Proceedings in, or before any person to whom a case is referred in whole or in part by, any of the following courts, namely—

(a) the House of Lords in the exercise of its jurisdiction in relation to appeals from courts in England and Wales;

(b) the Court of Appeal;

(c) the High Court;

(d) any county court.

2 The following proceedings in a magistrates' court, namely—

(a) proceedings under the Guardianship of Minors Acts 1971 and 1973;

(b) proceedings under section 43 of the [1948 c. 29.] National Assistance Act 1948, section 22 of the [1950 c. 37.] Maintenance Orders Act 1950, section 4 of the [1958 c. 39.] Maintenance Orders Act 1958, or section 18 of the [1976 c. 71.] Supplementary Benefits Act 1976;

(c) proceedings in relation to an application for leave of the court to remove a child from a person’s custody under section 27 or 28 of the [1976 c. 36.] Adoption Act 1976 or proceedings in which the making of an order under Part II or section 29 or 55 of the Adoption Act 1976 is opposed by any party to the proceedings;

(d) proceedings under Part I of the [1972 c. 18.] Maintenance Orders (Reciprocal Enforcement) Act 1972 relating to a maintenance order made by a court of a country outside the United Kingdom;

(e) proceedings under Part II of the [1975 c. 72.] Children Act 1975;

(f) proceedings for or in relation to an order under Part I of the [1978 c. 22.] Domestic Proceedings and Magistrates' Courts Act 1978.

3 Proceedings in the Employment Appeal Tribunal.

4 Proceedings in the Lands Tribunal.

5 Proceedings before a Commons Commissioner appointed under section 17(1) of the [1965 c. 64.] Commons Registration Act 1965.

6 Proceedings in the Restrictive Practices Court under Part III of the [1973 c. 41.] Fair Trading Act 1973, and any proceedings in that court in consequence of an order made, or undertaking given to the court, under that Part of that Act.

Part II Excepted proceedings

1 Proceedings wholly or partly in respect of defamation, but so that the making of a counterclaim for defamation in proceedings for which representation may be granted shall not of itself affect any right of the defendant to the counterclaim to representation for the purposes of the proceedings and so that representation may be granted to enable him to defend the counterclaim.

2 Relator actions.

3 Proceedings for the recovery of a penalty where the proceedings may be taken by any person and the whole or part of the penalty is payable to the person taking the proceedings.

4 Election petitions under the Representation of the [1983 c. 2.] People Act 1983.

5 In a county court, proceedings for or consequent on the issue of a judgment summons and, in the case of a defendant, proceedings where the only question to be brought before the court is as to the time and mode of payment by him of a debt (including liquidated damages) and costs.

6 Proceedings incidental to any proceedings excepted by this Part of this Schedule.