9.—(1) Legal representation may be provided as either investigative representation or full representation.
(2) “Legal representation” means the provision of civil legal services, other than acting as a mediator or arbitrator, to an individual or legal person M1 in particular proceedings where that individual or legal person—
(a)is a party to those proceedings;
[F1(aa)is a separated child within the meaning given in paragraph 31A of Part 1 of Schedule 1 to the Act and those proceedings concern a relevant application falling within paragraph 31A(2)(a) of Part 1 of Schedule 1 to the Act;]
(b)wishes to be joined as a party to those proceedings; or
(c)is contemplating issuing those proceedings.
(3) “Investigative representation” means legal representation which is limited to the investigation of the strength of the contemplated proceedings and includes the issuing and conducting of proceedings but only so far as necessary—
(a)to obtain disclosure of information relevant to the prospects of success of the proceedings;
(b)to protect the position of the individual or legal person applying for investigative representation in relation to an urgent hearing; or
(c)to protect the position of the individual or legal person applying for investigative representation in relation to the time limit for the issue of the proceedings.
(4) “Full representation” means legal representation other than investigative representation.
Textual Amendments
F1Reg. 9(2)(aa) inserted (25.10.2019) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid for Separated Children) (Miscellaneous Amendments) Order 2019 (S.I. 2019/1396), arts. 1, 3(2)
Marginal Citations
M1Paragraph 1 of Schedule 3 to the Act provides that in that Schedule “legal person” means a person other than an individual.