Legal Aid Act 1988

[F1 27 Representation in care proceedings: scope and competent authorities. E+W

(1) This section and section 28 apply, subject to subsection (2) below, to the following proceedings (referred to as “care proceedings ”), that is to say—

(a) proceedings under section 1 of the 1969 Act or under section 21A of the 1980 Act (care proceedings);

(b) proceedings under section 15 or 21 of the 1969 Act (variation and discharge of supervision or care orders);

(c) proceedings under section 2(12), 3(8), 16(8) or 21(4) of the 1969 Act or section 21A of the 1980 Act (appeals in such proceedings);

(d) proceedings under section 3 of the M1 Children and Young Persons Act 1963 (application by parent or guardian for an order directing a local authority to take proceedings under section 1 of the 1969 Act);

(e) proceedings under section 3, 5 or 67(2) of the 1980 Act (proceedings in connection with resolutions by local authorities with respect to the assumption of parental rights and duties); and

(f) proceedings under Part 1A of the 1980 Act (access orders) [F2 except appeals from decisions of juvenile courts to the High Court];

and representation for the purposes of care proceedings to which this section applies shall be available to any person subject to and in accordance with section 28.

(2) Subsection (1) above may be varied by regulations so as to restrict the categories of proceedings for the purposes of which representation is available under this section and section 28.

(3) Representation for the purposes of care proceedings before a juvenile court extends to the proceedings before any juvenile court to which the case is remitted.

(4) Subject to any provision made by virtue of subsection (6) below, the authorities competent, on an application made for the purpose, to grant representation for the purposes of care proceedings are—

(a) as respects proceedings before a juvenile court, the court;

(b) as respects appeals from decisions of juvenile courts to the Crown Court, the Crown Court or the juvenile court from which the appeal is brought;

(c) as respects appeals from decisions of juvenile courts to the High Court, the Board;

(d) as respects proceedings before a justice of the peace under section 12E of the 1980 Act (applications for emergency orders), the justice of the peace.

(5) In the event of the Lord Chancellor making an order under section 3(4) as respects the function of granting representation for the purposes of any care proceedings, the Board shall be competent as respects those proceedings, on an application made for the purpose.

(6) An order under section 3(4) may make provision restricting or excluding the competence of any authority mentioned in subsection (4) above and may contain such transitional provisions as appear to the Lord Chancellor necessary or expedient.

(7) In this section and section 28—

• “the 1969 Act ” means the M2 Children and Young Persons Act 1969;

• “the 1980 Act ” means the M3 Child Care Act 1980; and

• “remitted ” in relation to a juvenile court, means remitted under section 2(11) of the 1969 Act.]

Textual Amendments

F1 S. 27 repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), ss. 99(4), 108(2)(7), Sch. 15

F2 Words inserted by S.I. 1989/344, Part VII, art. 57

Marginal Citations

M1 1963 c. 37.

M2 1969 c. 54.

M3 1980 c. 5.