The Legal Advice and Assistance (Scope) Regulations 1989

Regulation 7(1)(a)

SCHEDULE PROCEEDINGS IN MAGISTRATES' COURTS IN WHICH ABWOR IS AVAILABLE

1.  In this Schedule “proceedings in a magistrates' court” includes giving notice of appeal or applying for a case to be stated within the ordinary time for so doing, and matters preliminary thereto.

2.  The proceedings in which Part III of the Act applies to ABWOR under regulation 7(1) (a) are proceedings–

(a) for or in relation to an affiliation order within the meaning of the Affiliation Proceedings Act 1957(1);

(b) for or in relation to an order under Part I of the Domestic Proceedings and Magistrates' Courts Act 1978(2);

(c) under the Guardianship of Minors Act 1971(3) and 1973(4);

(d) under section 43 of the National Assistance Act 1948(5), section 22 of the Maintenance Orders Act 1950(6), section 4 of the Maintenance Orders Act 1958(7), section 18 of the Supplementary Benefits Act 1976(8), or section 24 of the Social Security Act 1986(9);

(e) 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 Adoption Act 1976(10) 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;

(f) under Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972(11) relating to a maintenance order made by a court of a country outside the United Kingdom;

(g) under Part II of the Children Act 1975(12);

(1)

1957 c. 55.

(2)

1978 c. 22.

(3)

1971 c. 3.

(4)

1973 c. 29.

(5)

1948 c. 29; section 43 was amended by the Ministry of Social Security Act 1966 (c. 20), Schedule 8, by the Supplementary Benefits Act 1976 (c. 71), Schedule 7 paragraph 4, by the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), Schedule 2 paragraph (6), Schedule 3, by the Justices of the Peace Act 1979 (c. 55), Schedule 2 paragraph 3 and by the Social Security Act 1986 (c. 50), Schedule 10 Part II paragraph 33.

(6)

1950 c. 37; section 22 was amended by the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), Schedule 2 paragraph 14.

(7)

1958 c. 39; section 4 was amended by the Administration of Justice Act 1970 (c. 31), sections 48(2), (3), 54, Schedule 11, by the Administration of Justice Act 1977 (c. 38), Schedule 3 paragraph 3, Schedule 5 Part IV, and by the Matrimonial and Family Proceedings Act 1984 (c. 42), Schedule 1 paragraph 5.

(8)

1976 c. 71.

(9)

1986 c. 50.

(10)

1976 c. 36; sections 27 and 29 were amended by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 2 paragraphs 33, 60, Schedule 10 Part I; section 29 was also amended by that Act, Schedule 2 paragraphs 34, 60.

(11)

1972 c. 18.

(12)

1975 c. 72.