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Legal Aid, Sentencing and Punishment of Offenders Act 2012, Section 32 is up to date with all changes known to be in force on or before 25 December 2024. 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.
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(1)The civil legal services described in Part 1 of Schedule 1 do not include services relating to any law other than the law of England and Wales, except—
(a)where express provision to the contrary is made by or under Part 1 of Schedule 1;
(b)where such law is relevant for determining any issue relating to the law of England and Wales;
(c)in other circumstances specified by the Lord Chancellor by order.
(2)A determination by the Director or a court under section 13, 15 or 16 that an individual qualifies for advice, assistance or representation under this Part does not impose a duty on the Lord Chancellor to secure that services relating to any law other than the law of England and Wales are made available, except—
(a)where such law is relevant for determining any issue relating to the law of England and Wales;
(b)in other circumstances specified by the Lord Chancellor by order.
(3)The Lord Chancellor may not make an order under subsection (1) or (2) unless the Lord Chancellor considers—
(a)that it is necessary to make the order because failure to do so would result in a breach of—
(i)an individual's Convention rights (within the meaning of the Human Rights Act 1998), or
(ii)any rights of an individual to the provision of legal services that are [F1assimilated enforceable rights], or
(b)that it is appropriate to make the order having regard to any risk that failure to do so would result in such a breach.
Textual Amendments
F1Words in s. 32(3)(a)(ii) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 75(2)(b)
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