Legal Aid, Sentencing and Punishment of Offenders Act 2012

Valid from 01/04/2013

Part 2 E+W Excluded services

The services described in Part 1 of this Schedule do not include the services listed in this Part of this Schedule, except to the extent that Part 1 of this Schedule provides otherwise.

1 E+W Civil legal services provided in relation to personal injury or death.

2 E+W Civil legal services provided in relation to a claim in tort in respect of negligence.

3 E+W Civil legal services provided in relation to a claim in tort in respect of assault, battery or false imprisonment.

4 E+W Civil legal services provided in relation to a claim in tort in respect of trespass to goods.

5 E+W Civil legal services provided in relation to a claim in tort in respect of trespass to land.

6 E+W Civil legal services provided in relation to damage to property.

7 E+W Civil legal services provided in relation to defamation or malicious falsehood.

8 E+W Civil legal services provided in relation to a claim in tort in respect of breach of statutory duty.

9 E+W Civil legal services provided in relation to conveyancing.

10 E+W Civil legal services provided in relation to the making of wills.

11 E+W Civil legal services provided in relation to matters of trust law.

Modifications etc. (not altering text)

C1 Sch. 1 Pt. 2 para. 11 restricted (1.4.2013) by The Civil Legal Aid (Connected Matters) Regulations (S.I. 2013/451), regs. 1, {4}

12 (1) Civil legal services provided in relation to a claim for damages in respect of a breach of Convention rights by a public authority to the extent that the claim is made in reliance on section 7 of the Human Rights Act 1998. E+W

(2) In this paragraph—

• “Convention rights” has the same meaning as in the Human Rights Act 1998;

• “public authority” has the same meaning as in section 6 of that Act.

13 E+W Civil legal services provided in relation to matters of company or partnership law.

Modifications etc. (not altering text)

C2 Sch. 1 Pt. 2 para. 13 restricted (1.4.2013) by The Civil Legal Aid (Connected Matters) Regulations (S.I. 2013/451), regs. 1, {4}

14 E+W Civil legal services provided to an individual in relation to matters arising out of or in connection with—

(a) a proposal by that individual to establish a business,

(b) the carrying on of a business by that individual (whether or not the business is being carried on at the time the services are provided), or

(c) the termination or transfer of a business that was being carried on by that individual.

Modifications etc. (not altering text)

C3 Sch. 1 Pt. 2 para. 14 restricted (1.4.2013) by The Civil Legal Aid (Connected Matters) Regulations (S.I. 2013/451), regs. 1, {4}

15 (1) Civil legal services provided in relation to a benefit, allowance, payment, credit or pension under— E+W

(a) a social security enactment,

(b) the Vaccine Damage Payments Act 1979, or

(c) Part 4 of the Child Maintenance and Other Payments Act 2008.

(2) In this paragraph “social security enactment” means—

(a) the Social Security Contributions and Benefits Act 1992,

(b) the Jobseekers Act 1995,

(c) the State Pension Credit Act 2002,

(d) the Tax Credits Act 2002,

(e) the Welfare Reform Act 2007,

(f) the Welfare Reform Act 2012, or

(g) any other enactment relating to social security.

16 E+W Civil legal services provided in relation to compensation under the Criminal Injuries Compensation Scheme.

17 E+W Civil legal services provided in relation to changing an individual's name.

[F1 18 (1) Civil legal services provided in relation to judicial review of an enactment, decision, act or omission. E+W

(2) In this paragraph “judicial review” means—

(a) the procedure on an application for judicial review (see section 31 of the Senior Courts Act 1981), but not including the procedure after the application is treated under rules of court as if it were not such an application, and

(b) any procedure in which a court, tribunal or other person mentioned in Part 3 of this Schedule is required by an enactment to make a decision applying the principles that are applied by the court on an application for judicial review.]

Textual Amendments

F1 Sch. 1 Pt. 2 para. 18 inserted (1.4.2013) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2013 (S.I. 2013/748), arts. 1, 7