Legal Aid, Sentencing and Punishment of Offenders Act 2012

Part 3 Advocacy: exclusion and exceptions

The services described in Part 1 of this Schedule do not include advocacy, except as follows—

(a) those services include the types of advocacy listed in this Part of this Schedule, except to the extent that Part 1 of this Schedule provides otherwise;

(b) those services include other types of advocacy to the extent that Part 1 of this Schedule so provides.

Exceptions: courts

1 Advocacy in proceedings in the Supreme Court.

2 Advocacy in proceedings in the Court of Appeal.

3 Advocacy in proceedings in the High Court.

4 Advocacy in proceedings in the Court of Protection to the extent that they concern—

(a) a person’s right to life,

(b) a person’s liberty or physical safety,

(c) a person’s medical treatment (within the meaning of the Mental Health Act 1983),

(d) a person’s capacity to marry, to enter into a civil partnership or to enter into sexual relations, or

(e) a person’s right to family life.

5 Advocacy in proceedings in a county court.

6 Advocacy in the following proceedings in the Crown Court—

(a) proceedings for the variation or discharge of an order under section 5 or 5A of the Protection from Harassment Act 1997, and

(b) proceedings under the Proceeds of Crime Act 2002 in relation to matters listed in paragraph 40 of Part 1 of this Schedule.

7 Advocacy in a magistrates’ court that falls within the description of civil legal services in any of paragraphs 1, 11 to 13 and 15 to 18 of Part 1 of this Schedule.

8 Advocacy in the following proceedings in a magistrates’ court—

(a) proceedings under section 47 of the National Assistance Act 1948,

(b) proceedings in relation to—

(i) bail under Schedule 2 to the Immigration Act 1971, or

(ii) arrest under Schedule 2 or 3 to that Act,

(c) proceedings for the variation or discharge of an order under section 5 or 5A of the Protection from Harassment Act 1997, and

(d) proceedings under the Proceeds of Crime Act 2002 in relation to matters listed in paragraph 40 of Part 1 of this Schedule.

Exceptions: tribunals

9 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 Advocacy in proceedings in the Mental Health Review Tribunal for Wales.

11 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 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 Advocacy in the First-tier Tribunal that falls within the description of civil legal services in paragraph 28, 29 or 32(1) of Part 1 of this Schedule.

14 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 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 Advocacy in proceedings in the Upper Tribunal under section 4 of the Safeguarding Vulnerable Groups Act 2006.

17 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 Special Educational Needs Tribunal for Wales in proceedings under—

(a) Part 4 of the Education Act 1996 (special educational needs), or

(b) the Equality Act 2010.

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

Other exceptions

21 Advocacy in proceedings in the Special Immigration Appeals Commission.

22 Advocacy in proceedings in the Proscribed Organisations Appeal Commission.

23 Advocacy in legal proceedings before any person to whom a case is referred (in whole or in part) in any proceedings within any other paragraph of this Part of this Schedule.

24 Advocacy in bail proceedings before any court which are related to proceedings within any other paragraph of this Part of this Schedule.

25 Advocacy in proceedings before any person for the enforcement of a decision in proceedings within any other paragraph of this Part of this Schedule.