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Changes over time for: Paragraph 3
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Timeline of Changes
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Status:
Point in time view as at 01/04/2013.
Changes to legislation:
Legal Aid, Sentencing and Punishment of Offenders Act 2012, Paragraph 3 is up to date with all changes known to be in force on or before 21 February 2025. 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.
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Changes to Legislation
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This section has no associated Explanatory Notes
3(1)Civil legal services provided in relation to abuse of an individual that took place at a time when the individual was a child or vulnerable adult, but only where—E+W
(a)the services are provided to the individual, or
(b)the individual has died and the services are provided—
(i)to the individual's personal representative, or
(ii)for the purposes of a claim under the Fatal Accidents Act 1976 for the benefit of the individual's dependants.
General exclusions
(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.
Specific exclusions
(3)The services described in sub-paragraph (1) do not include services provided in relation to clinical negligence.
(4)The services described in sub-paragraph (1) do not include services provided in relation to a matter arising under a family enactment.
Definitions
(5)In this paragraph—
“abuse” means physical or mental abuse, including—
(b)
abuse in the form of violence, neglect, maltreatment and exploitation;
“child” means a person under the age of 18;
“clinical negligence” means breach of a duty of care or trespass to the person committed in the course of the provision of clinical or medical services (including dental or nursing services);
“family enactment” has the meaning given in paragraph 12;
“personal representative”, in relation to an individual who has died, means—
(a)
a person responsible for administering the individual's estate under the law of England and Wales, Scotland or Northern Ireland, or
(b)
a person who, under the law of another country or territory, has functions equivalent to those of administering the individual's estate;
“vulnerable adult” means a person aged 18 or over whose ability to protect himself or herself from abuse is significantly impaired through physical or mental disability or illness, through old age or otherwise.
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