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Legal Aid, Sentencing and Punishment of Offenders Act 2012
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Legal Aid, Sentencing and Punishment of Offenders Act 2012, Paragraph 5 is up to date with all changes known to be in force on or before 04 March 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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5(1)Civil legal services provided in relation to matters arising under—E+W
(a)the Mental Health Act 1983;
(b)paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 1984;
(c)the Mental Capacity Act 2005.
General exclusions
(2)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.
Specific exclusion
(3)The services described in sub-paragraph (1) do not include services provided in relation to—
(a)the creation of lasting powers of attorney under the Mental Capacity Act 2005, or
(b)the making of advance decisions under that Act.
(4)Sub-paragraph (3) does not exclude services provided in relation to determinations and declarations by a court under the Mental Capacity Act 2005 as to the validity, meaning, effect or applicability of—
(a)a lasting power of attorney that has been created, or
(b)an advance decision that has been made.
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