Legal Aid, Sentencing and Punishment of Offenders Act 2012

Part 4 E+W Interpretation

1 E+W For the purposes of this Part of this Act, civil legal services are described in Part 1 of this Schedule if they are described in one of the paragraphs of that Part (other than in an exclusion), even if they are (expressly or impliedly) excluded from another paragraph of that Part.

2 E+W References in this Schedule to an Act or instrument, or a provision of an Act or instrument—

(a) are references to the Act, instrument or provision as amended from time to time, and

(b) include the Act, instrument or provision as applied by another Act or instrument (with or without modifications).

3 E+W References in this Schedule to services provided in relation to an act, omission or other matter of a particular description (however expressed) include services provided in relation to an act, omission or other matter alleged to be of that description.

4 E+W References in this Schedule to services provided in relation to proceedings, orders and other matters include services provided when such proceedings, orders and matters are contemplated.

5 (1) Where a paragraph of Part 1 or 2 of this Schedule describes services that consist of or include services provided in relation to proceedings, the description is to be treated as including, in particular— E+W

(a) services provided in relation to related bail proceedings,

(b) services provided in relation to preliminary or incidental proceedings,

(c) services provided in relation to a related appeal or reference to a court, tribunal or other person, and

(d) services provided in relation to the enforcement of decisions in the proceedings.

(2) Where a paragraph of Part 3 of this Schedule describes advocacy provided in relation to particular proceedings in or before a court, tribunal or other person, the description is to be treated as including services provided in relation to preliminary or incidental proceedings in or before the same court, tribunal or other person.

(3) Regulations may make provision specifying whether proceedings are or are not to be regarded as preliminary or incidental for the purposes of this paragraph.

6 E+W For the purposes of this Schedule, regulations may make provision about—

(a) when services are provided in relation to a matter;

(b) when matters arise under a particular enactment;

(c) when proceedings are proceedings under a particular enactment;

(d) when proceedings are related to other proceedings.

7 E+W In this Schedule “enactment” includes—

(a) an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), and

(b) an enactment contained in, or in an instrument made under, an Act or Measure of the National Assembly for Wales.