Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

SCHEDULES

SCHEDULE 1 E+W Civil legal services

Part 3 E+W Advocacy: exclusion and exceptions

Exceptions: tribunals E+W

9 E+W Advocacy in proceedings in the First-tier Tribunal under—

(a) the Mental Health Act 1983, or

(b) paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 1984.

10 E+W Advocacy in proceedings in the Mental Health Review Tribunal for Wales.

11 E+W Advocacy in proceedings in the First-tier Tribunal under—

(a) Schedule 2 to the Immigration Act 1971, or

(b) Part 5 of the Nationality, Immigration and Asylum Act 2002.

12 E+W Advocacy in proceedings in the First-tier Tribunal under—

(a) section 40A of the British Nationality Act 1981, or

(b) regulation 26 of the Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003),

but only to the extent that the proceedings concern contravention of the Equality Act 2010.

13 E+W Advocacy in the First-tier Tribunal that falls within the description of civil legal services in paragraph 28, 29 [F1 31A,] or [F2 , 32(1) or 32A(1)] of Part 1 of this Schedule.

Textual Amendments

F1 Word in Sch. 1 Pt. 3 para. 13 inserted (25.10.2019) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid for Separated Children) (Miscellaneous Amendments) Order 2019 (S.I. 2019/1396), arts. 1, 2(3)

F2 Words in Sch. 1 Pt. 3 para. 13 substituted (31.7.2015) by the Modern Slavery Act 2015 (c. 30), s 47(3); S.I. 2015/1476, art. 2(f)

14 E+W Advocacy in proceedings in the First-tier Tribunal under—

(a) section 4 or 4A of the Protection of Children Act 1999 (appeals and applications relating to list of barred from regulated activities with children or vulnerable adults),

(b) section 86 or 87 of the Care Standards Act 2000 (appeals and applications relating to list of persons unsuitable to work with vulnerable adults),

(c) section 32 of the Criminal Justice and Court Services Act 2000 (applications relating to disqualification orders), or

(d) section 144 of the Education Act 2002 (appeals and reviews relating to direction prohibiting person from teaching etc).

15 E+W Advocacy in proceedings in the Upper Tribunal arising out of proceedings within any of paragraphs 9 to 14 of this Part of this Schedule.

16 E+W Advocacy in proceedings in the Upper Tribunal under section 4 of the Safeguarding Vulnerable Groups Act 2006.

17 E+W Advocacy in proceedings in the Upper Tribunal under section 11 of the Tribunals, Courts and Enforcement Act 2007 (appeals on a point of law) from decisions made by the First-tier Tribunal or the [F3 Education] Tribunal for Wales in proceedings under—

[F4 (a) Part 4 of the Education Act 1996 (special educational needs),]

[F4 (a) Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018,]

(b) the Equality Act 2010 [F5 , or]

[F6 (c) Part 3 of the Children and Families Act 2014(6) (children and young people in England with special educational needs or disabilities).]

Textual Amendments

F3 Word in Sch. 1 Pt. 3 para. 17 substituted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 21(2)(b)(i); S.I. 2021/373, art. 8(j)(xxxvi)

F4 Sch. 1 Pt. 3 para. 17(a) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 21(2)(b)(ii); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, art. 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

F5 Word in Sch. 1 Pt. 3 para.. 17(b) inserted (16.12.2014) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) (Advocacy Exceptions) Order 2014 (S.I. 2014/3305), arts. 1, 2(4)(b)

F6 Sch. 1 Pt. 3 para. 17(c) inserted (16.12.2014) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) (Advocacy Exceptions) Order 2014 (S.I. 2014/3305), arts. 1, 2(4)(c)

18 E+W Advocacy in proceedings which are brought before the Upper Tribunal (wholly or primarily) to exercise its judicial review jurisdiction under section 15 of the Tribunals, Courts and Enforcement Act 2007.

19 E+W Advocacy where judicial review applications are transferred to the Upper Tribunal from the High Court under section 31A of the Senior Courts Act 1981.

20 E+W Advocacy in proceedings in the Employment Appeal Tribunal, but only to the extent that the proceedings concern contravention of the Equality Act 2010.