Modifications etc. (not altering text)
C1Sch. 1 Pt. 1 modified (24.3.2022) by The Early Legal Advice Pilot Scheme Order 2022 (S.I. 2022/397), arts. 1(1), 3(1), Sch. para. 1(2) (with arts. 3(2), 4)
21(1)Civil legal services provided in relation to abuse by a public authority of its position or powers.E+W
(2)Sub-paragraph (1) is subject to—
(a)the exclusions in Part 2 of this Schedule, with the exception of paragraphs 1, 2, 3, 4, 5, 6, 8 and 12 of that Part, and
(b)the exclusion in Part 3 of this Schedule.
(3)The services described in sub-paragraph (1) do not include services provided in relation to clinical negligence.
(4)For the purposes of this paragraph, an act or omission by a public authority does not constitute an abuse of its position or powers unless the act or omission—
(a)is deliberate or dishonest, and
(b)results in harm to a person or property that was reasonably foreseeable.
(5)In this paragraph—
“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);
“public authority” has the same meaning as in section 6 of the Human Rights Act 1998.