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The services which may not be funded as part of the Community Legal Service are as follows.
1Services 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—E+W
[F1(a)allegations of personal injury or death, other than allegations relating to clinical negligence,
(aa)allegations of negligently caused damage to property,]
(d)the making of wills,
(e)matters of trust law,
[F2(ea)the creation of lasting powers of attorney under the Mental Capacity Act 2005,
(eb)the making of advance decisions under that Act,]
F2(f)defamation or malicious falsehood,
(g)matters of company or partnership law, F3...
[F5(i)attending an interview conducted on behalf of the Secretary of State with a view to his reaching a decision on a claim for asylum (as defined by section 167(1) of the Immigration and Asylum Act 1999 F6).F5]
[F71AServices consisting of the provision of help to an individual in relation to matters arising out of or in connection with—E+W
(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);
(c)the termination or transfer of a business that was being carried on by that individual.]
2Advocacy in any proceedings except—E+W
[F8(a)the Supreme Court,]
(c)the Court of Appeal,
(d)the High Court,
(e)any county court,
(f)the Employment Appeal Tribunal, [F10or]
(g)any Mental Health Review Tribunal,
[F11(h)the Asylum and Immigration Tribunal,]
F13(i)the Proscribed Organisations Appeal Commission]
(2)proceedings in the Crown Court—
(a)for the variation or discharge of an order under section 5 of the M1Protection from Harassment Act 1997,
(d)which relate to an order under paragraph 6 of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001][F19 or]
F20(3)proceedings in a magistrates’ court—
(a)under section 43 or 47 of the M3National Assistance Act 1948, section 22 of the M4Maintenance Orders Act 1950, section 4 of the M5Maintenance Orders Act 1958 or section 106 of the M6Social Security Administration Act 1992,
(b)under Part I of the M7Maintenance 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 [F21section 36 of the Adoption and Children Act 2002]F21 or in which the making of [F22a placement order or adoption order (within the meaning of the Adoption and Children Act 2002) or an order under section 41 or 84]F22 of that Act is opposed by any party to the proceedings,
[F24(da)under section 55A of the Family Law Act 1986 (declarations of parentage),]
(e)under the M9Children Act 1989,
(f)under section 30 of the M10Human Fertilisation and Embryology Act 1990,
(h)under Part IV of the M12Family Law Act 1996,
(i)for the variation or discharge of an order under section 5 of the Protection from Harassment Act 1997, F26. . .
(k)for an order or direction under paragraph 3, 5, 6, 9 or 10 of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001]
(4)proceedings before any person to whom a case is referred (in whole or in part) in any proceedings within paragraphs (1) to (3).
[F313(1)These are the proceedings under the Proceeds of Crime Act 2002—E+W
[F32(za)an application under section 42 for a restraint order;]
F32(a)an application under section 42(3) to vary or discharge a restraint order or an order under section 41(7);
(b)proceedings which relate to a direction under section 54(3) F33... as to the distribution of funds in the hands of a receiver;
(c)an application under section 62 relating to action taken or proposed to be taken by a receiver;
(e)an application under section 72 or 73 for the payment of compensation;
(f)proceedings which relate to an order under section 298 for the forfeiture of cash;
(g)an application under section 351(3), 362(3), 369(3) or 375(2) to vary or discharge certain orders made under Part 8.
(2)But sub-paragraph (1) does not authorise the funding of the provision of services to a defendant (within the meaning of Part 1 of that Act) in relation to—
(a)proceedings mentioned in paragraph (b);
(b)an application under section 73 for the payment of compensation if the confiscation order was varied under section 29.]
[F354(1)This sub-paragraph applies to an inquest into the death of a person who at the time of the death—E+W
(a)was detained at a custodial institution or in a custody area at a court or police station,
(b)was detained at a removal centre or short-term holding centre,
(c)was being transferred or held in pursuance of prison escort arrangements or immigration escort arrangements,
(d)was detained in secure accommodation,
(e)was a detained patient, or
(f)was in service custody.
(2)This sub-paragraph applies to an inquest into the death of a person that occurred in the course of the person's arrest by a constable or otherwise in the course of the execution or purported execution of any functions by a constable.
(3)This sub-paragraph applies to an inquest into the death of a person who at the time of the death was subject to service law by virtue of section 367 or 369(2)(a) of the Armed Forces Act 2006 and was engaged in active service.
(4)Paragraph 2(5) does not authorise the funding of the provision of services to anyone who is not an interested person within section 47(2)(a) of the Coroners and Justice Act 2009.
(5)In this paragraph—
“active service” means service in—
an action or operation against an enemy (within the meaning given by section 374 of the Armed Forces Act 2006),
an operation outside the British Islands for the protection of life or property, or
the military occupation of a foreign country or territory;
“custodial institution” means a prison, a young offender institution, a secure training centre or a remand centre;
“detained patient” means a person who is detained in any premises under Part 2 or 3 or section 135(3B) or 136(4) of the Mental Health Act 1983;
“immigration escort arrangements” means arrangements made under section 156 of the Immigration and Asylum Act 1999;
“prison escort arrangements” means arrangements made under section 80 of the Criminal Justice Act 1991 or under section 102 or 118 of the Criminal Justice and Public Order Act 1994;
“removal centre” and “short-term holding facility” have the meaning given by section 147 of the Immigration and Asylum Act 1999;
“secure accommodation” means accommodation, not consisting of or forming part of a custodial institution, provided for the purpose of restricting the liberty of persons under the age of 18.]
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Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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