- Latest available (Revised)
- Point in Time (14/07/2008)
- Original (As enacted)
Version Superseded: 03/11/2008
Point in time view as at 14/07/2008. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Access to Justice Act 1999, Paragraph 2 is up to date with all changes known to be in force on or before 18 October 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.
2Advocacy 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 M1Government of Wales Act 1998, the M2Scotland Act 1998 or the M3Northern Ireland Act 1998,
(c)the Court of Appeal,
(d)the High Court,
(e)any county court,
(f)the Employment Appeal Tribunal, [F1or]
(g)any Mental Health Review Tribunal,
[F2(h)the Asylum and Immigration Tribunal,]
[F3(ha)the Special Immigration Appeals Commission,][F4 or
F4(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 M4Protection from Harassment Act 1997,
(b)which relate to an order under section F5. . . 10 of the M5Crime and Disorder Act 1998, F6. . .
F7(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [F8F9. . .
(d)which relate to an order under paragraph 6 of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001][F10 or]
[F11(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 M6National Assistance Act 1948, section 22 of the M7Maintenance Orders Act 1950, section 4 of the M8Maintenance Orders Act 1958 or section 106 of the M9Social Security Administration Act 1992,
(b)under Part I of the M10Maintenance 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 [F12section 36 of the Adoption and Children Act 2002] or in which the making of [F13a placement order or adoption order (within the meaning of the Adoption and Children Act 2002) or an order under section 41 or 84] of that Act is opposed by any party to the proceedings,
(d)for or in relation to an order under Part I of the M11Domestic Proceedings and Magistrates’ Courts Act 1978 [F14or Schedule 6 to the Civil Partnership Act 2004],
[F15(da)under section 55A of the Family Law Act 1986 (declarations of parentage),]
(e)under the M12Children Act 1989,
(f)under section 30 of the M13Human Fertilisation and Embryology Act 1990,
(g)under section 20 F16. . . of the M14Child Support Act 1991,
(h)under Part IV of the M15Family Law Act 1996,
(i)for the variation or discharge of an order under section 5 of the Protection from Harassment Act 1997, F17. . .
(j)under [F18section 8 or 11] of the Crime and Disorder Act 1998 [F19F20. . . ,
(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]
[F21(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
F1Word 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
F2Sch. 2 para. 2(1)(h) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26(7), 48(3), Sch. 2 para. 14; S.I. 2005/565, art. 2 (with arts. 3-9)
F3Sch. 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)
F4Sch. 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
F5Words in Sch. 2 para. 2(2)(b) deleted (1.4.2000) by S.I. 2000/822, art. 3(b)(i)
F6Word 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)
F7Sch. 2 para. 2(2)(c) deleted (1.4.2000) by S.I. 2000/822, art. 3(b)(ii)
F8Sch. 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)
F9Word 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))
F10Sch. 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.
F11Sch. 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.
F12Words in Sch. 2 para. 2(3)(c) substituted (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. 139(1)(2), 148, Sch. 3 para. 102(a) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
F13Words in Sch. 2 para. 2(3)(c) substituted (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. 139(1)(2), 148, Sch. 3 para. 102(b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
F14Words in Sch. 2 para. 2(3)(d) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 156; S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))
F15Sch. 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)
F16Words 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)
F17Word 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)
F18Words in Sch. 2 para. 2(3)(j) substituted (1.4.2000) by S.I. 2000/822, art. 3(c)
F19Sch. 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)
F20Word 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))
F21Sch. 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
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
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.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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: