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39(1)Civil legal services provided in relation to a sexual offence, but only where—E+W
(a)the services are provided to the victim of the offence, or
(b)the victim of the offence has died and the services are provided to the victim's personal representative.
(2)Sub-paragraph (1) is subject to—
(a)the exclusions in Part 2 of this Schedule, with the exception of paragraphs 1, 2, 3, 8 and 12 of that Part, and
(b)the exclusion in Part 3 of this Schedule.
(3)In this paragraph—
“personal representative”, in relation to an individual who has died, means—
a person responsible for administering the individual's estate under the law of England and Wales, Scotland or Northern Ireland, or
a person who, under the law of another country or territory, has functions equivalent to those of administering the individual's estate;
“sexual offence” means—
an offence under a provision of the Sexual Offences Act 2003 (“the 2003 Act”), and
an offence under section 1 of the Protection of Children Act 1978 (“the 1978 Act”) (indecent photographs of children).
(4)The references in sub-paragraph (1) to a sexual offence include—
(a)incitement to commit a sexual offence,
(b)an offence committed by a person under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to which a sexual offence is the offence which the person intended or believed would be committed,
(c)conspiracy to commit a sexual offence, and
(d)an attempt to commit a sexual offence.
(5)In this paragraph references to a sexual offence include conduct which would be an offence under a provision of the 2003 Act or section 1 of the 1978 Act but for the fact that it took place before that provision or section came into force.
(6)Conduct falls within the definition of a sexual offence for the purposes of this paragraph whether or not there have been criminal proceedings in relation to the conduct and whatever the outcome of any such proceedings.