The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid for Separated Children) (Miscellaneous Amendments) Order 2019

Amendment of the Legal Aid, Sentencing and Punishment of Offenders Act 2012

2.—(1) Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services) is amended as follows.

(2) In Part 1 (services), after paragraph 31 insert—

“Immigration, citizenship and nationality: separated children

31A.— (1) Civil legal services provided in relation to a relevant application where the services are provided to an individual who, at the time of applying for those services, is a separated child.

(2) A relevant application is—

(a) an application made by the separated child or another person under the immigration rules for the grant of entry clearance, leave to enter or leave to remain in the United Kingdom (whether under or outside of the immigration rules),

(b) an application made by the separated child outside of the immigration rules for the grant of leave to remain in the United Kingdom, or

(c) an application made by the separated child for registration under the British Nationality Act 1981(1) as—

(i) a British citizen,

(ii) a British overseas territories citizen,

(iii) a British Overseas citizen, or

(iv) a British subject.

Exclusions

(3) Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

(4) In this paragraph—

“child” means an individual—

(a)

who is under the age of 18, or

(b)

whose age is uncertain, but who is treated by the Director as being under the age of 18;

“entry clearance” has the same meaning as in the Immigration Act 1971(2);

“immigration rules” has the same meaning as in the Immigration Act 1971;

“leave to enter” and “leave to remain” are to be construed in accordance with the Immigration Act 1971;

“separated”, in relation to a child, means—

(a)

not being cared for by a parent,

(b)

not being cared for by a person with parental responsibility for the child (within the meaning of section 3 of the Children Act 1989(3)), or

(c)

looked after by a local authority (within the meaning of section 107(6))(4).”.

(3) In Part 3 (advocacy: exclusion and exceptions), in paragraph 13, after “29,” insert “31A,”(5).

(1)

1981 c. 61, amended by sections 2 and 4 of the British Overseas Territories Act 2002 (c. 8). There are other amendments which are not relevant to this Order.

(2)

1971 c. 77, amended by section 39 of, and Schedule 4 to, the British Nationality Act 1981. There are other amendments which are not relevant to this Order.

(3)

1989 c. 41.

(4)

Section 107(6) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 was amended by S.I. 2016/413.

(5)

Paragraph 13 of Part 3 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 was amended by section 47 of the Modern Slavery Act 2015 (c. 30).