The Legal Advice and Assistance (Scope) (Amendment) Regulations 1999

Amendments to the Legal Advice and Assistance (Scope) Regulations 1989

6.  For regulations 3 and 4 there shall be substituted:

“Excluded services

3.— (1) Advice or assistance to which this regulation applies is excluded from Part III of the Act.

(2) This regulation applies to all advice or assistance, other than ABWOR, except:

(a) advice or assistance for individuals who are arrested and held in custody or who are involved in criminal investigations or proceedings;

(b) advice or assistance relating to any claim or potential claim for damages for personal injuries to, or the death of, the claimant or any other person, and “personal injuries” includes any disease and any impairment of a person’s physical or mental condition;

(c) advice or assistance relating to any claim for damages for clinical negligence, that is any claim for damages in respect of:

(i) an alleged breach of 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); or

(ii) alleged professional negligence in the conduct of such a claim.

(3) In this regulation “criminal proceedings” includes:

(a) applications for judicial review or habeas corpus relating to criminal investigations or proceedings;

(b) disciplinary hearings before a prison governor;

(c) representations to prison governors on matters relating to the treatment of prisoners (other than in relation to claims for personal injury, death or damage to property) including but not limited to status, transfer and security classification;

(d) representations to the Home Office relating to mandatory life sentences and other parole reviews;

(e) proceedings before the Parole Board;

(f) High Court bail proceedings;

(g) representations to the High Court against a voluntary bill of indictment;

(h) proceedings under RSC Order 115 in Schedule 1 to the Civil Procedure Rules 1998(1) for confiscation or forfeiture in connection with criminal proceedings;

(i) proceedings in a magistrates' court arising from failure to pay a fine or to obey an order of that court where such failure carries the risk of imprisonment;

(j) proceedings under sections 1, 2 and 4 of the Crime and Disorder Act 1998(2) relating to anti-social behaviour orders or sex offender orders;

(k) proceedings under section 8(1)(b) of the Crime and Disorder Act 1998 relating to parenting orders made where an anti-social behaviour order or a sex offender order is made in respect of a child;

(l) proceedings under section 8(1)(c) of the Crime and Disorder Act 1998 relating to parenting orders made on the conviction of a child; and

(m) applications to the Criminal Cases Review Commission.”.

(1)

S.I. 1998/3132.

(2)

1998 c. 37.