Access to Justice Act 1999

Section 6.

SCHEDULE 2 E+W Community Legal Service: excluded services

The services which may not be funded as part of the Community Legal Service are as follows.

1 Services consisting of the provision of help (beyond the provision of general information about the law and the legal system and the availability of legal services) in relation to—

(a) allegations of negligently caused injury, death or damage to property, apart from allegations relating to clinical negligence,

(b) conveyancing,

(c) boundary disputes,

(d) the making of wills,

(e) matters of trust law,

(f) defamation or malicious falsehood,

(g) matters of company or partnership law, F1 . . .

(h) other matters arising out of the carrying on of a [F2 business, or]

[F3 (i) attending an interview conducted on behalf of the Secretary of State with a view to his reaching a decision on a claim for asylum (as defined by section 167(1) of the Immigration and Asylum Act 1999 F4 ).]

Textual Amendments

F1 Word in Sch. 2 para. 1(g) deleted (1.4.2004) by The Community Legal Service (Scope) Regulations 2004 (S.I. 2004/1055), reg. 2(a)

F2 Words in Sch. 2 para. 1(h) substituted (1.4.2004) by The Community Legal Service (Scope) Regulations 2004 (S.I. 2004/1055), reg. 2(b)

F3 Sch. 2 para. 1(i) inserted (1.4.2004) by The Community Legal Service (Scope) Regulations 2004 (S.I. 2004/1055), reg. 2(c)

F4 1999 c 33.

Valid from 01/02/2010

[F5 1A E+W Services consisting of the provision of help to an individual in relation to matters arising out of or in connection with—

(a) a proposal by that individual to establish a business;

(b) the carrying on of a business by that individual (whether or not the business is being carried on at the time the services are provided);

(c) the termination or transfer of a business that was being carried on by that individual.]

Textual Amendments

F5 Sch. 2 para. 1A inserted (prosp.) by Coroners and Justice Act 2009 (c. 25), ss. 150(3), 182 (with s. 180)

2 Advocacy in any proceedings except—

(1) proceedings in—

(a) the House of Lords in its judicial capacity,

(b) the Judicial Committee of the Privy Council in the exercise of its jurisdiction under the M1 Government of Wales Act 1998, the M2 Scotland Act 1998 or the M3 Northern Ireland Act 1998,

(c) the Court of Appeal,

(d) the High Court,

(e) any county court,

(f) the Employment Appeal Tribunal, [F6 or]

(g) any Mental Health Review Tribunal,

[F7 (h) the Immigration Appeal Tribunal or before an adjudicator,

[F8 (ha) the Special Immigration Appeals Commission,][F9 or

F9 (i) the Proscribed Organisations Appeal Commission]]

(2) proceedings in the Crown Court—

(a) for the variation or discharge of an order under section 5 of the M4 Protection from Harassment Act 1997,

(b) which relate to an order under section F10 . . . 10 of the M5 Crime and Disorder Act 1998, F11 . . .

F12 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [F13 F14 . . .

(d) which relate to an order under paragraph 6 of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001][F15 or]

[F16 (e) under the Proceeds of Crime Act 2002 to the extent specified in paragraph 3,]

(3) proceedings in a magistrates’ court—

(a) under section 43 or 47 of the M6 National Assistance Act 1948, section 22 of the M7 Maintenance Orders Act 1950, section 4 of the M8 Maintenance Orders Act 1958 or section 106 of the M9 Social Security Administration Act 1992,

(b) under Part I of the M10 Maintenance Orders (Reciprocal Enforcement) Act 1972 relating to a maintenance order made by a court of a country outside the United Kingdom,

(c) 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 M11 Adoption Act 1976 or in which the making of an order under Part II or section 29 or 55 of that Act is opposed by any party to the proceedings,

(d) for or in relation to an order under Part I of the M12 Domestic Proceedings and Magistrates’ Courts Act 1978,

[F17 (da) under section 55A of the Family Law Act 1986 (declarations of parentage),]

(e) under the M13 Children Act 1989,

(f) under section 30 of the M14 Human Fertilisation and Embryology Act 1990,

(g) under section 20 F18 . . . of the M15 Child Support Act 1991,

(h) under Part IV of the M16 Family Law Act 1996,

(i) for the variation or discharge of an order under section 5 of the Protection from Harassment Act 1997, F19 . . .

(j) under [F20 section 8 or 11] of the Crime and Disorder Act 1998 [F21 F22 . . . ,

(k) for an order or direction under paragraph 3, 5, 6, 9 or 10 of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001]

[F23 (l) for an order or direction under section 295, 297, 298, 301 or 302 of the Proceeds of Crime Act 2002,] and

(4) proceedings before any person to whom a case is referred (in whole or in part) in any proceedings within paragraphs (1) to (3).

Textual Amendments

F6 Word in Sch. 2 para. 2(1)(f) repealed (19.2.2001) by 2000 c. 11, s. 125(2), Sch. 16 Pt. I; S.I. 2001/421, art. 2

F7 Sch. 2 para. 2(1)(h) inserted (1.4.2000) by S.I. 2000/822, art. 3(a)

F8 Sch. 2 para. 2(1)(ha) inserted (1.4.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 116, 162 (with s. 159); S.I. 2003/754, art. 2, Sch. 1 (with arts. 3, 4, Sch. 2) (as amended (8.4.2003) by S.I. 2003/1040, art. 2) and (9.6.2003) by S.I. 2003/1339, art. 4)

F9 Sch. 2 para. 2(1)(i) and preceding word inserted (19.2.2001) by 2000 c. 11, s. 125(1), Sch. 15 para. 19; S.I. 2001/421, art. 2

F10 Words in Sch. 2 para. 2(2)(b) deleted (1.4.2000) by S.I. 2000/822, art. 3(b)(i)

F11 Word in Sch. 2 para. 2(2)(b) repealed (20.12.2001) by 2001 c. 24, ss. 2(2), 125, Sch. 8 Pt. I; S.I. 2001/4019, art. 2(b)(d)

F12 Sch. 2 para. 2(2)(c) deleted (1.4.2000) by S.I. 2000/822, art. 3(b)(ii)

F13 Sch. 2 para. 2(2)(d) and preceding word inserted (20.12.2001) by 2001 c. 24, s. 2(2); S.I. 2001/4019, art. 2(b)

F14 Word in Sch. 2 para. 2(2)(c) omitted (30.12.2002) by virtue of Proceeds of Crime Act 2002 (c. 29), s. 456, Sch. 11 para. 36(2) and repealed (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 458(1), 457, Sch. 12; S.I. 2003/120, art. 2, Sch. (subject to arts. 3-7 (as amended by S.I. 2003/333, art. 14))

F15 Sch. 2 para. 2(2)(e) and preceding word inserted (30.12.2002) by Proceeds of Crime Act 2002 (c. 29), s. 456, Sch. 11 para. 36(2); S.I. 2002/3015, art. 2, Sch.

F16 Sch. 2 para. 2(2)(e) and preceding word inserted (30.12.2002) by Proceeds of Crime Act 2002 (c. 29), s. 456, Sch. 11 para. 36(2); S.I. 2002/3015, art. 2, Sch.

F17 Sch. 2 para. 2(3)(da) inserted (1.4.2001) by 2000 c. 19, s. 83(5), Sch. 8 para. 15 (with s. 83(6)); S.I. 2001/774, art. 2(c)

F18 Words in Sch. 2 para. 2(3)(g) repealed (1.4.2001) by 2000 c. 19, s. 85, Sch. 9 Pt. IX (with s. 83(6)); S.I. 2001/774, art. 2(d)

F19 Word in Sch. 2 para. 2(3)(i) repealed (20.12.2001) by 2001 c. 24, ss. 2(3), 125, Sch. 8 Pt. I; S.I. 2001/4019, art. 2(b)(d)

F20 Words in Sch. 2 para. 2(3)(j) substituted (1.4.2000) by S.I. 2000/822, art. 3(c)

F21 Sch. 2 para. 2(3)(k) and preceding word inserted (20.12.2001) by 2001 c. 24, s. 2(3); S.I. 2001/4019, art. 2(b)

F22 Word in Sch. 2 para. 2(3)(j) omitted (30.12.2002) by virtue of Proceeds of Crime Act 2002 (c. 29), s. 456, Sch. 11 para. 36(3) and repealed (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 458(1), 457, Sch. 12; S.I. 2003/120, art. 2, Sch. (subject to arts. 3-7 (as amended by S.I. 2003/333, art. 14))

F23 Sch. 2 para. 2(3)(l) inserted (30.12.2002) by Proceeds of Crime Act 2002 (c. 29), s. 456, Sch. 11 para. 36(3); S.I. 2002/3015, art. 2, Sch.

Marginal Citations

M1 1998 c.38.

M2 1998 c.46.

M3 1998 c.47.

M4 1997 c.40.

M5 1998 c.37.

M6 1948 c.29.

M7 1950 c.37.

M8 1958 c.39.

M9 1992 c.5.

M10 1972 c.18.

M11 1976 c.36.

M12 1978 c.22.

M13 1989 c.41.

M14 1990 c.37.

M15 1991 c.48.

M16 1996 c.27.

3 (1) These are the proceedings under the Proceeds of Crime Act 2002—

(a) an application under section 42(3) to vary or discharge a restraint order or an order under section 41(7);

(b) proceedings which relate to a direction under section 54(3) or 56(3) as to the distribution of funds in the hands of a receiver;

(c) an application under section 62 relating to action taken or proposed to be taken by a receiver;

(d) an application under section 63 to vary or discharge an order under any of sections 48 to 53 for the appointment of or conferring powers on a receiver;

(e) an application under section 72 or 73 for the payment of compensation;

(f) proceedings which relate to an order under section 298 for the forfeiture of cash;

(g) an application under section 351(3), 362(3), 369(3) or 375(2) to vary or discharge certain orders made under Part 8.

(2) But sub-paragraph (1) does not authorise the funding of the provision of services to a defendant (within the meaning of Part 1 of that Act) in relation to—

(a) proceedings mentioned in paragraph (b);

(b) an application under section 73 for the payment of compensation if the confiscation order was varied under section 29.

Prospective

F24 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 Schs. 1-3A omitted (1.4.2013) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 51(a); S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)