Access to Justice Act 1999

Section 6.

SCHEDULE 2 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, or

(h) other matters arising out of the carrying on of a business.

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 [1998 c. 38.] Government of Wales Act 1998, the [1998 c. 46.] Scotland Act 1998 or the [1998 c. 47.] Northern Ireland Act 1998,

(c) the Court of Appeal,

(d) the High Court,

(e) any county court,

(f) the Employment Appeal Tribunal, or

(g) any Mental Health Review Tribunal,

(2) proceedings in the Crown Court—

(a) for the variation or discharge of an order under section 5 of the [1997 c. 40.] Protection from Harassment Act 1997,

(b) which relate to an order under section 4 or 10 of the [1998 c. 37.] Crime and Disorder Act 1998, or

(c) under section 8 of that Act where the order is made by virtue of subsection (1)(c) of that section,

(3) proceedings in a magistrates' court—

(a) under section 43 or 47 of the [1948 c. 29.] National Assistance Act 1948, section 22 of the [1950 c. 37.] Maintenance Orders Act 1950, section 4 of the [1958 c. 39.] Maintenance Orders Act 1958 or section 106 of the [1992 c. 5.] Social Security Administration Act 1992,

(b) under Part I of the [1972 c. 18.] 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 [1976 c. 36.] 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 [1978 c. 22.] Domestic Proceedings and Magistrates' Courts Act 1978,

(e) under the [1989 c. 41.] Children Act 1989,

(f) under section 30 of the [1990 c. 37.] Human Fertilisation and Embryology Act 1990,

(g) under section 20 or 27 of the [1991 c. 48.] Child Support Act 1991,

(h) under Part IV of the [1996 c. 27.] Family Law Act 1996,

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

(j) under section 1, 2, 8 or 11 of the Crime and Disorder Act 1998, 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).