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Legal Aid, Sentencing and Punishment of Offenders Act 2012

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This is the original version (as it was originally enacted).

Abuse of position or powers by public authority

This section has no associated Explanatory Notes

21(1)Civil legal services provided in relation to abuse by a public authority of its position or powers.

General exclusions

(2)Sub-paragraph (1) is subject to—

(a)the exclusions in Part 2 of this Schedule, with the exception of paragraphs 1, 2, 3, 4, 5, 6, 8 and 12 of that Part, and

(b)the exclusion in Part 3 of this Schedule.

Specific exclusion

(3)The services described in sub-paragraph (1) do not include services provided in relation to clinical negligence.

Definitions

(4)For the purposes of this paragraph, an act or omission by a public authority does not constitute an abuse of its position or powers unless the act or omission—

(a)is deliberate or dishonest, and

(b)results in harm to a person or property that was reasonably foreseeable.

(5)In this paragraph—

  • “clinical negligence” means breach of a duty of care or trespass to the person committed in the course of the provision of clinical or medical services (including dental or nursing services);

  • “public authority” has the same meaning as in section 6 of the Human Rights Act 1998.

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