Legal Aid Act 1988

Part II E+W 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 M1 People Act 1983.

Marginal Citations

M1 1983 c. 2.

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.

[F1 5A Proceedings for a decree of divorce or judicial separation unless the cause is defended, or the petition is directed to be heard in open court, or it is not practicable by reason of physical or mental incapacity for the applicant to proceed without representation; except that representation shall be available for the purpose of making or opposing an application—

(a) for an injunction;

(b) for ancillary relief, excluding representation for the purpose only of inserting a prayer for ancillary relief in the petition;

(c) for an order relating to the custody of (or access to) a child, or the education or care or supervision of a child, excluding representation for the purpose only of making such an application where there is no reason to believe that the application will be opposed;

(d) for an order declaring that the court is satisfied as to arrangements for the welfare of the children of the family, excluding representation for the purpose only of making such an application where there is no reason to believe that the application will be opposed; or

(e) for the purpose of making or opposing any other application, or satisfying the court on any other matter which raises a substantial question for determination by the court.]

Textual Amendments

F1 Sch. 2 Part I para. 5A added by S.I. 1989/549, art. 2

[F2 5B Proceedings to the extent that they consist in, or arise out of, an application to the court under section 235A of the M2 Trade Union and Labour Relations (Consolidation) Act 1992.]

Textual Amendments

F2 Sch. 2 Pt. II para. 5B inserted (30.8.1993) by 1993 c. 19, s. 4(2), Sch. 8 para.39; S.I. 1993/1908, art. 2(1), Sch.1

Marginal Citations

M2 1992 c. 52.

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

Part II E+W 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 M1 People Act 1983.

Marginal Citations

M1 1983 c. 2.

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.

[F1 5A Proceedings for a decree of divorce or judicial separation unless the cause is defended, or the petition is directed to be heard in open court, or it is not practicable by reason of physical or mental incapacity for the applicant to proceed without representation; except that representation shall be available for the purpose of making or opposing an application—

(a) for an injunction;

(b) for ancillary relief, excluding representation for the purpose only of inserting a prayer for ancillary relief in the petition;

(c) for an order relating to the custody of (or access to) a child, or the education or care or supervision of a child, excluding representation for the purpose only of making such an application where there is no reason to believe that the application will be opposed;

(d) for an order declaring that the court is satisfied as to arrangements for the welfare of the children of the family, excluding representation for the purpose only of making such an application where there is no reason to believe that the application will be opposed; or

(e) for the purpose of making or opposing any other application, or satisfying the court on any other matter which raises a substantial question for determination by the court.]

Textual Amendments

F1 Sch. 2 Part I para. 5A added by S.I. 1989/549, art. 2

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