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The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2013

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Civil legal services: EU and international agreements concerning maintenance

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5.—(1) Paragraph 18 of Part 1 of Schedule 1 to the Act (EU and international agreements concerning maintenance) is amended as follows.

(2) After sub-paragraph (3) insert—

“(3A) Civil legal services provided in relation to an application under Article 10 of the 2007 Hague Convention (applications relating to maintenance decisions).

(3B) Civil legal services provided to an individual in relation to proceedings in England and Wales relating to the recognition or enforcement of a maintenance decision in circumstances in which—

(a)Article 17(b) of the 2007 Hague Convention (free legal assistance for persons who benefited from such assistance in State of origin) applies to the proceedings by virtue of Article 37(2) of that Convention (direct request to competent authority of Contracting State), and

(b)the individual falls within Article 17(b) as so applied.”

(3) In sub-paragraph (4), for “(3)” substitute “(3B)”.

(4) In sub-paragraph (5), after the definition of “the 2000 Brussels Regulation” insert—

““the 2007 Hague Convention” means the Convention on the international recovery of child support and other forms of family maintenance concluded at The Hague on 23 November 2007(1);”.

(1)

OJ No L 192, 22.7.11, p 51-70.

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