Office of Public Sector Information

Section 6.

SCHEDULE 2 Community Legal Service: excluded services

The services which may not be funded as part of the Community Legal Service are as follows.

1 Services consisting of the provision of help (beyond the provision of general information about the law and the legal system and the availability of legal services) in relation to—

(a) allegations of negligently caused injury, death or damage to property, apart from allegations relating to clinical negligence,

(b) conveyancing,

(c) boundary disputes,

(d) the making of wills,

(e) matters of trust law,

(f) defamation or malicious falsehood,

(g) matters of company or partnership law, or

(h) other matters arising out of the carrying on of a business.

2 Advocacy in any proceedings except—

(1) proceedings in—

(a) the House of Lords in its judicial capacity,

(b) the Judicial Committee of the Privy Council in the exercise of its jurisdiction under the [1998 c. 38.] Government of Wales Act 1998, the [1998 c. 46.] Scotland Act 1998 or the [1998 c. 47.] Northern Ireland Act 1998,

(c) the Court of Appeal,

(d) the High Court,

(e) any county court,

(f) the Employment Appeal Tribunal, or

(g) any Mental Health Review Tribunal,

(2) proceedings in the Crown Court—

(a) for the variation or discharge of an order under section 5 of the [1997 c. 40.] Protection from Harassment Act 1997,

(b) which relate to an order under section 4 or 10 of the [1998 c. 37.] Crime and Disorder Act 1998, or

(c) under section 8 of that Act where the order is made by virtue of subsection (1)(c) of that section,

(3) proceedings in a magistrates' court—

(a) under section 43 or 47 of the [1948 c. 29.] National Assistance Act 1948, section 22 of the [1950 c. 37.] Maintenance Orders Act 1950, section 4 of the [1958 c. 39.] Maintenance Orders Act 1958 or section 106 of the [1992 c. 5.] Social Security Administration Act 1992,

(b) under Part I of the [1972 c. 18.] Maintenance Orders (Reciprocal Enforcement) Act 1972 relating to a maintenance order made by a court of a country outside the United Kingdom,

(c) in relation to an application for leave of the court to remove a child from a person’s custody under section 27 or 28 of the [1976 c. 36.] Adoption Act 1976 or in which the making of an order under Part II or section 29 or 55 of that Act is opposed by any party to the proceedings,

(d) for or in relation to an order under Part I of the [1978 c. 22.] Domestic Proceedings and Magistrates' Courts Act 1978,

(e) under the [1989 c. 41.] Children Act 1989,

(f) under section 30 of the [1990 c. 37.] Human Fertilisation and Embryology Act 1990,

(g) under section 20 or 27 of the [1991 c. 48.] Child Support Act 1991,

(h) under Part IV of the [1996 c. 27.] Family Law Act 1996,

(i) for the variation or discharge of an order under section 5 of the Protection from Harassment Act 1997, or

(j) under section 1, 2, 8 or 11 of the Crime and Disorder Act 1998, and

(4) proceedings before any person to whom a case is referred (in whole or in part) in any proceedings within paragraphs (1) to (3).

Section 14.

SCHEDULE 3 Criminal Defence Service: right to representation

Individuals to whom right may be granted

1 (1) A right to representation for the purposes of any kind of criminal proceedings before a court may be granted to an individual such as is mentioned in relation to that kind of proceedings in section 12(2).

(2) A right to representation for the purposes of criminal proceedings may also be granted to an individual to enable him to resist an appeal to the Crown Court otherwise than in an official capacity.

(3) In this Schedule “court” includes any body before which criminal proceedings take place.

Grant of right by court

2 (1) A court before which any criminal proceedings take place, or are to take place, has power to grant a right to representation in respect of those proceedings except in such circumstances as may be prescribed.

(2) Where a right to representation is granted for the purposes of criminal proceedings it includes the right to representation for the purposes of any related bail proceedings and any preliminary or incidental proceedings; and regulations may make provision specifying whether any proceedings are or are not to be regarded as preliminary or incidental.

(3) A court also has power to grant a right to representation for the purposes of criminal proceedings before another court in such circumstances as may be prescribed.

(4) The form of the application for a grant of a right to representation under this paragraph, and the form of the grant of such a right, shall be such as may be prescribed.

(5) A right to representation in respect of proceedings may be withdrawn by any court before which the proceedings take place; and a court must consider whether to withdraw a right to representation in such circumstances as may be prescribed.

(6) The powers of a magistrates' court for any area under this paragraph may be exercised by a single justice of the peace for the area.

(7) Any rules under section 144 of the [1980 c. 43.] Magistrates' Courts Act 1980 which provide for the functions of a single justice under sub-paragraph (6) to be exercised by a justices' clerk may make different provision for different areas.

Grant of right by commission

3 (1) Regulations may provide that the Commission shall have power to grant rights to representation in respect of any one or more of the descriptions of proceedings prescribed under section 12(2)(g), and to withdraw any rights to representation granted by it.

(2) The form of any application for a grant of a right to representation under this paragraph, and the form of the grant of such a right, shall be such as may be prescribed.

(3) Regulations under sub-paragraph (1) may make such transitional provisions as the Lord Chancellor may consider appropriate.

Appeals

4 Except where regulations otherwise provide, an appeal shall lie to such court or other person or body as may be prescribed against a decision to refuse to grant a right to representation or to withdraw a right to representation.

Criteria for grant of right

5 (1) Any question as to whether a right to representation should be granted shall be determined according to the interests of justice.

(2) In deciding what the interests of justice consist of in relation to any individual, the following factors must be taken into account—

(a) whether the individual would, if any matter arising in the proceedings is decided against him, be likely to lose his liberty or livelihood or suffer serious damage to his reputation,

(b) whether the determination of any matter arising in the proceedings may involve consideration of a substantial question of law,

(c) whether the individual may be unable to understand the proceedings or to state his own case,

(d) whether the proceedings may involve the tracing, interviewing or expert cross-examination of witnesses on behalf of the individual, and

(e) whether it is in the interests of another person that the individual be represented.

(3) The Lord Chancellor may by order amend sub-paragraph (2) by adding new factors or varying any factor.

(4) A right to representation shall always be granted in such circumstances as may be prescribed.