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Legal Aid, Sentencing and Punishment of Offenders Act 2012

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Point in time view as at 25/05/2024.

Changes to legislation:

Legal Aid, Sentencing and Punishment of Offenders Act 2012, Paragraph 3 is up to date with all changes known to be in force on or before 28 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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3(1)Civil legal services provided in relation to abuse of an individual that took place at a time when the individual was a child or vulnerable adult, but only where—E+W

(a)the services are provided to the individual, or

(b)the individual has died and the services are provided—

(i)to the individual's personal representative, or

(ii)for the purposes of a claim under the Fatal Accidents Act 1976 for the benefit of the individual's dependants.

General exclusions

(2)Sub-paragraph (1) is subject to—

(a)the exclusions in Part 2 of this Schedule, with the exception of paragraphs 1, 2, 3, 8 and 12 of that Part, and

(b)the exclusion in Part 3 of this Schedule.

Specific exclusions

(3)The services described in sub-paragraph (1) do not include services provided in relation to clinical negligence.

(4)The services described in sub-paragraph (1) do not include services provided in relation to a matter arising under a family enactment.

Definitions

(5)In this paragraph—

  • abuse” means physical or mental abuse, including—

    (a)

    sexual abuse, and

    (b)

    abuse in the form of violence, neglect, maltreatment and exploitation;

  • child” means a person under the age of 18;

  • clinical negligence” means breach of a duty of care or trespass to the person committed in the course of the provision of clinical or medical services (including dental or nursing services);

  • family enactment” has the meaning given in paragraph 12;

  • personal representative”, in relation to an individual who has died, means—

    (a)

    a person responsible for administering the individual's estate under the law of England and Wales, Scotland or Northern Ireland, or

    (b)

    a person who, under the law of another country or territory, has functions equivalent to those of administering the individual's estate;

  • vulnerable adult” means a person aged 18 or over whose ability to protect himself or herself from abuse is significantly impaired through physical or mental disability or illness, through old age or otherwise.

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