SCHEDULES

SCHEDULE 11Amendments

36Access to Justice Act 1999 (c. 22)

1

Schedule 2 to the Access to Justice Act 1999 (services excluded from the Community Legal Service) is amended as follows.

2

In paragraph 2(2), after paragraph (d) insert

or

e

under the Proceeds of Crime Act 2002 to the extent specified in paragraph 3,

and omit the “or” at the end of paragraph (c).

3

In paragraph 2(3) (magistrates courts), after “2001” insert—

l

for an order or direction under section 295, 297, 298, 301 or 302 of the Proceeds of Crime Act 2002,

and omit the “or” at the end of paragraph (j).

4

After paragraph 2 insert—

3

1

These are the proceedings under the Proceeds of Crime Act 2002—

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) or 56(3) 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;

d

an application under section 63 to vary or discharge an order under any of sections 48 to 53 for the appointment of or conferring powers on 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.