Legal Aid, Sentencing and Punishment of Offenders Act 2012

Abuse of position or powers by public authority E+W

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

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.