- Latest available (Revised)
- Point in Time (07/03/1991)
- Original (As enacted)
Version Superseded: 14/10/1991
Point in time view as at 07/03/1991. This version of this schedule contains provisions that are not valid for this point in time.
Legal Aid Act 1988, SCHEDULE 2 is up to date with all changes known to be in force on or before 31 August 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Section 14.
1Proceedings in, or before any person to whom a case is referred in whole or in part by, any of the following courts, namely—
(a)the House of Lords in the exercise of its jurisdiction in relation to appeals from courts in England and Wales;
(b)the Court of Appeal;
(c)the High Court;
(d)any county court.
2The following proceedings in a magistrates’ court, namely—
[F1(a)proceedings under the Guardianship of Minors Acts 1971 and 1973;]
(b)proceedings under section 43 of the M1National Assistance Act 1948, section 22 of the M2Maintenance Orders Act 1950, section 4 of the M3Maintenance Orders Act 1958, or section 18 of the M4Supplementary Benefits Act 1976;
(c)proceedings 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 M5Adoption Act 1976 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;
(d)proceedings under Part I of the M6Maintenance Orders (Reciprocal Enforcement) Act 1972 relating to a maintenance order made by a court of a country outside the United Kingdom;
[F1(e)proceedings under Part II of the M7Children Act 1975;]
(f)proceedings for or in relation to an order under Part I of the M8Domestic Proceedings and Magistrates’ Courts Act 1978.
[F2(g)proceedings under the Children Act 1989.]
Textual Amendments
F1Sch. 2 Part I para. 2(a)(e) repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(7), Sch. 15
F2Sch. 2 Part I para. 2(g) added (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4), Sch. 12 para. 45
Marginal Citations
3Proceedings in the Employment Appeal Tribunal.
4Proceedings in the Lands Tribunal.
5Proceedings before a Commons Commissioner appointed under section 17(1) of the M9Commons Registration Act 1965.
Marginal Citations
6Proceedings in the Restrictive Practices Court under Part III of the M10Fair Trading Act 1973, and any proceedings in that court in consequence of an order made, or undertaking given to the court, under that Part of that Act.
Marginal Citations
1Proceedings wholly or partly in respect of defamation, but so that the making of a counterclaim for defamation in proceedings for which representation may be granted shall not of itself affect any right of the defendant to the counterclaim to representation for the purposes of the proceedings and so that representation may be granted to enable him to defend the counterclaim.
2Relator actions.
3Proceedings for the recovery of a penalty where the proceedings may be taken by any person and the whole or part of the penalty is payable to the person taking the proceedings.
4Election petitions under the Representation of the M11People Act 1983.
5In a county court, proceedings for or consequent on the issue of a judgment summons and, in the case of a defendant, proceedings where the only question to be brought before the court is as to the time and mode of payment by him of a debt (including liquidated damages) and costs.
[F35AProceedings for a decree of divorce or judicial separation unless the cause is defended, or the petition is directed to be heard in open court, or it is not practicable by reason of physical or mental incapacity for the applicant to proceed without representation; except that representation shall be available for the purpose of making or opposing an application—
(a)for an injunction;
(b)for ancillary relief, excluding representation for the purpose only of inserting a prayer for ancillary relief in the petition;
(c)for an order relating to the custody of (or access to) a child, or the education or care or supervision of a child, excluding representation for the purpose only of making such an application where there is no reason to believe that the application will be opposed;
(d)for an order declaring that the court is satisfied as to arrangements for the welfare of the children of the family, excluding representation for the purpose only of making such an application where there is no reason to believe that the application will be opposed; or
(e)for the purpose of making or opposing any other application, or satisfying the court on any other matter which raises a substantial question for determination by the court.]
Textual Amendments
F3Sch. 2 Part I para. 5A added by S.I. 1989/549, art. 2
Valid from 30/08/1993
[F45BProceedings to the extent that they consist in, or arise out of, an application to the court under section 235A of the M12Trade Union and Labour Relations (Consolidation) Act 1992.]
Textual Amendments
F4Sch. 2 Pt. II para. 5B inserted (30.8.1993) by 1993 c. 19, s. 4(2), Sch. 8 para.39; S.I. 1993/1908, art. 2(1), Sch.1
Marginal Citations
6Proceedings incidental to any proceedings excepted by this Part of this Schedule.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: