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Legal Aid, Sentencing and Punishment of Offenders Act 2012

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

  • Act applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

SCHEDULES

Section 9

SCHEDULE 1E+WCivil legal services

Part 1E+WServices

Modifications etc. (not altering text)

Care, supervision and protection of childrenE+W

1(1)Civil legal services provided in relation to—E+W

(a)orders under section 25 of the Children Act 1989 (“the 1989 Act”) (secure accommodation);

(b)orders under Part 4 of the 1989 Act (care and supervision);

(c)orders under Part 5 of the 1989 Act (protection of children);

(d)approval by a court under paragraph 19 of Schedule 2 to the 1989 Act (arrangements to assist children to live abroad);

(e)parenting orders under section 8 of the Crime and Disorder Act 1998 (“the 1998 Act”) [F1or section 366 or 369 of the Sentencing Code];

(f)child safety orders under section 11 of the 1998 Act;

(g)orders for contact under section 26 of the Adoption and Children Act 2002 (“the 2002 Act”);

(h)applications for leave of the court to remove a child from a person's custody under section 36 of the 2002 Act;

(i)placement orders, recovery orders or adoption orders under Chapter 3 of Part 1 of the 2002 Act (see sections 21, 41 and 46 of that Act);

(j)orders under section 84 of the 2002 Act (parental responsibility prior to adoption abroad).

[F2(k)orders under section 119 of the Social Services and Well-being (Wales) Act 2014 (“the 2014 Act”) (secure accommodation);

(l)approval by a court under section 124 of the 2014 Act (arrangements to assist children to live abroad).]

(2)Civil legal services provided in relation to an order under an enactment made—

(a)as an alternative to an order mentioned in sub-paragraph (1), or

(b)in proceedings heard together with proceedings relating to such an order.

Exclusions

(3)Sub-paragraphs (1) and (2) are subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

(4)In this paragraph “children” means persons under the age of 18.

Textual Amendments

F1Words in Sch. 1 Pt. 1 para. 1(1)(e) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 289(2) (with Sch. 27); S.I. 2020/1236, reg. 2

F2Sch. 1 Pt. 1 para. 1(1)(k)(j) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 290(a)

[F3Special GuardianshipE+W

1A.E+W(1) Civil legal services provided in relation to special guardianship orders as defined in section 14A of the Children Act 1989.

Exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.]

Special educational needsE+W

2(1)Civil legal services provided in relation to—E+W

(a)matters arising under [F4Part 4 of the Education Act 1996] [F4Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018] [F5or Part 3 of the Children and Families Act 2014] (special educational needs);

(b)assessments relating to learning difficulties under [F6section] 140 of the Learning and Skills Act 2000.

Exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Textual Amendments

F4Words in Sch. 1 Pt. 1 para. 2(1)(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)(a)(i); 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

F5Words in Sch. 1 Pt.1 para. 2(1)(a) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), Sch. 3 para.96(a); S.I. 2014/889, art. 7(a)

F6Word in Sch.1 Pt.1 para 2(1)(b) substituted by (1.9.2014) by Children and Families Act 2014 (c. 6), Sch. 3 para.96(b); S.I. 2014/889, art. 7(a)

Abuse of child or vulnerable adultE+W

3(1)Civil legal services provided in relation to abuse of an individual that took place at a time when the individual was a child or vulnerable adult, but only where—E+W

(a)the services are provided to the individual, or

(b)the individual has died and the services are provided—

(i)to the individual's personal representative, or

(ii)for the purposes of a claim under the Fatal Accidents Act 1976 for the benefit of the individual's dependants.

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, 8 and 12 of that Part, and

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

Specific exclusions

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

(4)The services described in sub-paragraph (1) do not include services provided in relation to a matter arising under a family enactment.

Definitions

(5)In this paragraph—

  • abuse” means physical or mental abuse, including—

    (a)

    sexual abuse, and

    (b)

    abuse in the form of violence, neglect, maltreatment and exploitation;

  • child” means a person under the age of 18;

  • 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);

  • family enactment” has the meaning given in paragraph 12;

  • personal representative”, in relation to an individual who has died, means—

    (a)

    a person responsible for administering the individual's estate under the law of England and Wales, Scotland or Northern Ireland, or

    (b)

    a person who, under the law of another country or territory, has functions equivalent to those of administering the individual's estate;

  • vulnerable adult” means a person aged 18 or over whose ability to protect himself or herself from abuse is significantly impaired through physical or mental disability or illness, through old age or otherwise.

Working with children and vulnerable adultsE+W

4(1)Civil legal services provided in relation to—E+W

(a)the inclusion of a person in a barred list or the removal of a person from a barred list;

(b)a disqualification order under section 28, 29 or 29A of the Criminal Justice and Court Services Act 2000 (disqualification from working with children);

(c)a direction under section 142 of the Education Act 2002 (prohibition from teaching etc).

Exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

(3)In this paragraph “barred list” means a list maintained under—

(a)section 2 of the Safeguarding Vulnerable Groups Act 2006 (persons barred from regulated activities relating to children or vulnerable adults);

(b)section 81 of the Care Standards Act 2000;

(c)section 1 of the Protection of Children Act 1999.

Mental health and mental capacityE+W

5(1)Civil legal services provided in relation to matters arising under—E+W

(a)the Mental Health Act 1983;

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

(c)the Mental Capacity Act 2005.

General exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Specific exclusion

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

(a)the creation of lasting powers of attorney under the Mental Capacity Act 2005, or

(b)the making of advance decisions under that Act.

(4)Sub-paragraph (3) does not exclude services provided in relation to determinations and declarations by a court under the Mental Capacity Act 2005 as to the validity, meaning, effect or applicability of—

(a)a lasting power of attorney that has been created, or

(b)an advance decision that has been made.

Community careE+W

6(1)Civil legal services provided in relation to community care services.E+W

Exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

(3)In this paragraph—

  • community care services” means services which a relevant person may provide or arrange to be provided under—

    (a)

    F7...

    (b)

    F7...

    (c)

    F7...

    (d)

    F7...

    (e)

    section 117 of the Mental Health Act 1983 (after-care);

    (f)

    section 17 of the Children Act 1989 (“the 1989 Act”) (provision of services for children in need);

    (g)

    section 20 of the 1989 Act (provision of accommodation for children);

    (h)

    [F8sections 22A, 22B and 22C] of the 1989 Act (accommodation and maintenance for children in care and looked after children);

    (i)

    sections 23B and 23C of the 1989 Act (local authority functions in respect of relevant children);

    (j)

    sections 24, 24A and 24B of the 1989 Act (provision of services for persons qualifying for advice and assistance);

    (k)

    F9...

    (l)

    F10...

    (m)

    F9...

    (n)

    [F11Part 1 of the Care Act 2014 (local authority’s functions of meeting adult’s needs for care and support);]

    (o)

    [F12section 15 of the Social Services and Well-being (Wales) Act 2014 (“the 2014 Act”) (preventative services);

    (p)

    Part 4 of the 2014 Act (local authority’s functions of meeting a person’s needs for care and support);

    (q)

    section 76 of the 2014 Act (provision of accommodation for children);

    (r)

    sections 79, 80 and 81 of the 2014 Act (accommodation and maintenance for children in care and looked after children);

    (s)

    sections 105 to 116 of the 2014 Act (local authority support for certain children);]

  • relevant person” means—

    (a)

    a district council;

    (b)

    a county council;

    (c)

    a county borough council;

    (d)

    a London borough council;

    (e)

    the Common Council of the City of London;

    (f)

    a Primary Care Trust established under section 18 of the National Health Service Act 2006;

    (g)

    a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;

    (h)

    any other person prescribed for the purposes of this paragraph.

Textual Amendments

F7Sch. 1 Pt. 1 para. 6(3)(a)-(d) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 290(b)(i)

F8Words in Sch. 1 Pt. 1 para. 6(3)(h) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 290(b)(ii)

F9Sch. 1 Pt. 1 para. 6(3)(k)(m) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 290(b)(iii)

F10Words in Sch. 1 Pt. 1 para. 6(3) omitted (1.4.2015) by virtue of The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015, S.I.2015/914, art. 1(2), Sch. para 96(a) (with arts. 1(3), 3)

F11Words in Sch. 1 Pt. 1 para. 6(3) inserted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015, S.I.2015/914, art. 1(2), Sch. para 96(b) (with arts. 1(3), 3)

F12Sch. 1 Pt. 1 para. 6(3)(o)-(s) insertted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 290(b)(iv)

Facilities for disabled personsE+W

7(1)Civil legal services provided in relation to grants under Part 1 of the Housing Grants, Construction and Regeneration Act 1996 for the provision of facilities for disabled persons.E+W

Exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

(3)In this paragraph “disabled person” has the meaning given in section 100 of the Housing Grants, Construction and Regeneration Act 1996.

Appeals relating to welfare benefitsE+W

8(1)Civil legal services provided in relation to an appeal on a point of law to the Upper Tribunal, the Court of Appeal or the Supreme Court relating to a benefit, allowance, payment, credit or pension under—E+W

(a)a social security enactment,

(b)the Vaccine Damage Payments Act 1979, or

(c)Part 4 of the Child Maintenance and Other Payments Act 2008.

Exclusions

(2)Sub-paragraph (1) is subject to—

(a)the exclusions in Part 2 of this Schedule, with the exception of paragraphs 1 and 15 of that Part, and

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

Definitions

(3)In this paragraph “social security enactment” means—

(a)the Social Security Contributions and Benefits Act 1992,

(b)the Jobseekers Act 1995,

(c)the State Pension Credit Act 2002,

(d)the Tax Credits Act 2002,

(e)the Welfare Reform Act 2007,

(f)the Welfare Reform Act 2012, or

(g)any other enactment relating to social security.

[F13Appeals relating to council tax reduction schemesE+W

Textual Amendments

8A(1)Civil legal services provided in relation to an appeal on a point of law to the High Court, the Court of Appeal or the Supreme Court relating to a council tax reduction scheme.E+W

General exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Specific exclusion

(3)The services described in sub-paragraph (1) do not include advocacy in proceedings in the High Court.

Definitions

(4) In this paragraph “ council tax reduction scheme ” has the same meaning as in Part 1 of the Local Government Finance Act 1992 (council tax: England and Wales) (see section 13A(9) of that Act). ]

Inherent jurisdiction of High Court in relation to children and vulnerable adultsE+W

9(1)Civil legal services provided in relation to the inherent jurisdiction of the High Court in relation to children and vulnerable adults.E+W

Exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

(3)In this paragraph—

  • adults” means persons aged 18 or over;

  • children” means persons under the age of 18.

Unlawful removal of childrenE+W

10(1)Civil legal services provided to an individual in relation to the following orders and requirements where the individual is seeking to prevent the unlawful removal of a related child from the United Kingdom or to secure the return of a related child who has been unlawfully removed from the United Kingdom—E+W

(a)a prohibited steps order or specific issue order (as defined in section 8(1) of the Children Act 1989);

(b)an order under section 33 of the Family Law Act 1986 for disclosure of the child's whereabouts;

(c)an order under section 34 of that Act for the child's return;

(d)a requirement under section 37 of that Act to surrender a passport issued to, or containing particulars of, the child.

(2)Civil legal services provided to an individual in relation to the following orders and applications where the individual is seeking to secure the return of a related child who has been unlawfully removed to a place in the United Kingdom—

(a)a prohibited steps order or specific issue order (as defined in section 8(1) of the Children Act 1989);

(b)an application under section 27 of the Family Law Act 1986 for registration of an order relating to the child;

(c)an order under section 33 of that Act for disclosure of the child's whereabouts;

(d)an order under section 34 of that Act for the child's return.

Exclusions

(3)Sub-paragraphs (1) and (2) are subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

(4)For the purposes of this paragraph, a child is related to an individual if the individual is the child's parent or has parental responsibility for the child.

(5)In this paragraph “child” means a person under the age of 18.

Family homes and domestic violenceE+W

11(1)Civil legal services provided in relation to home rights, occupation orders and non-molestation orders under Part 4 of the Family Law Act 1996.E+W

(2)Civil legal services provided in relation to the following in circumstances arising out of a family relationship—

(a)an injunction following assault, battery or false imprisonment;

(b)the inherent jurisdiction of the High Court to protect an adult.

Exclusions

(3)Sub-paragraphs (1) and (2) are subject to—

(a)the exclusions in Part 2 of this Schedule, with the exception of paragraphs 3 and 11 of that Part, and

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

Definitions

(4)For the purposes of this paragraph—

(a)there is a family relationship between two people if they are associated with each other, and

(b)associated” has the same meaning as in Part 4 of the Family Law Act 1996 (see section 62 of that Act).

(5)For the purposes of this paragraph, the Lord Chancellor may by regulations make provision about when circumstances arise out of a family relationship.

Victims of domestic violence and family mattersE+W

12(1)Civil legal services provided to an adult (“A”) in relation to a matter arising out of a family relationship between A and another individual (“B”) where—E+W

(a)there has been, or is a risk of, domestic violence between A and B, and

(b)A was, or is at risk of being, the victim of that domestic violence.

General exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Part 2 of this Schedule, with the exception of paragraph 11 of that Part.

(3)But the exclusions described in sub-paragraph (2) are subject to the exception in sub-paragraph (4).

(4)The services described in sub-paragraph (1) include services provided in relation to conveyancing, but only where—

(a)the services in relation to conveyancing are provided in the course of giving effect to a court order made in proceedings, and

(b)services described in that sub-paragraph (other than services in relation to conveyancing) are being or have been provided in relation to those proceedings under arrangements made for the purposes of this Part of this Act.

(5)Sub-paragraph (1) is subject to the exclusion in Part 3 of this Schedule.

Specific exclusion

(6)The services described in sub-paragraph (1) do not include services provided in relation to a claim in tort in respect of the domestic violence.

Definitions

(7)For the purposes of this paragraph—

(a)there is a family relationship between two people if they are associated with each other, and

(b)associated” has the same meaning as in Part 4 of the Family Law Act 1996 (see section 62 of that Act).

(8)For the purposes of this paragraph—

(a)matters arising out of a family relationship include matters arising under a family enactment, and

(b)(subject to paragraph (a)) the Lord Chancellor may by regulations make provision about when matters arise out of a family relationship.

(9)In this paragraph—

  • adult” means a person aged 18 or over;

  • [F14domestic violence ” means any incident, or pattern of incidents, of controlling, coercive or threatening behaviour, violence or abuse (whether psychological, physical, sexual, financial or emotional) between individuals who are associated with each other; ]

  • family enactment” means—

    (a)

    section 17 of the Married Women's Property Act 1882 (questions between husband and wife as to property);

    (b)

    the Maintenance Orders (Facilities for Enforcement) Act 1920;

    (c)

    the Maintenance Orders Act 1950;

    (d)

    the Maintenance Orders Act 1958;

    (e)

    the Maintenance Orders (Reciprocal Enforcement) Act 1972;

    (f)

    Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 (staying of matrimonial proceedings) and corresponding provision in relation to civil partnerships made by rules of court under section 223 of the Civil Partnership Act 2004;

    (g)

    the Matrimonial Causes Act 1973;

    (h)

    the Inheritance (Provision for Family Dependants) Act 1975;

    (i)

    the Domestic Proceedings and Magistrates' Courts Act 1978;

    (j)

    Part 3 of the Matrimonial and Family Proceedings Act 1984 (financial relief after overseas divorce etc);

    (k)

    Parts 1 and 3 of the Family Law Act 1986 (child custody and declarations of status);

    (l)

    Parts 1 and 2 of the Children Act 1989 (orders with respect to children in family proceedings);

    (m)

    section 53 of, and Schedule 7 to, the Family Law Act 1996 (transfer of tenancies on divorce etc or separation of cohabitants);

    (n)

    Chapters 2 and 3 of Part 2 of the Civil Partnership Act 2004 (dissolution, nullity and other proceedings and property and financial arrangements);

    (o)

    [F15sections 54 and 54A] of the Human Fertilisation and Embryology Act 2008 (applications for parental orders).

    (xvi)

    [F16section 51A of the Adoption and Children Act 2002 (post-adoption contact orders).]

Textual Amendments

F16Sch. 1 Pt. 1 para. 12(9)(xvi) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 9(12)(a); S.I. 2014/889, art. 4(a)

Protection of children and family mattersE+W

13(1)Civil legal services provided to an adult (“A”) in relation to the following orders and procedures where the child who is or would be the subject of the order is at risk of abuse from an individual other than A—E+W

(a)orders under section 4(2A) of the Children Act 1989 (“the 1989 Act”) (removal of father's parental responsibility);

(b)orders under section 6(7) of the 1989 Act (termination of appointment of guardian);

(c)orders mentioned in section 8(1) of the 1989 Act ([F17child arrangements orders ] and other orders);

(d)special guardianship orders under Part 2 of the 1989 Act;

(e)orders under section 33 of the Family Law Act 1986 (“the 1986 Act”) (disclosure of child's whereabouts);

(f)orders under section 34 of the 1986 Act (return of child).

[F18(g)orders under section 51A of the Adoption and Children Act 2002 (post-adoption contact).]

Exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

(3)In this paragraph—

  • abuse” means physical or mental abuse, including—

    (a)

    sexual abuse, and

    (b)

    abuse in the form of violence, neglect, maltreatment and exploitation;

  • adult” means a person aged 18 or over;

  • child” means a person under the age of 18.

Textual Amendments

F17Words in Sch. 1 Pt. 1 para. 13(1)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), Sch. 2 para. 70; S.I. 2014/889, art. 4(f)

F18Sch. 1 Pt.1 para. 13(1)(g) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 9(12)(b); S.I. 2014/889, art. 4(a)

Mediation in family disputesE+W

14(1)Mediation provided in relation to family disputes.E+W

(2)Civil legal services provided in connection with the mediation of family disputes.

Exclusions

(3)Sub-paragraphs (1) and (2) are subject to the exclusions in Part 2 of this Schedule, with the exception of paragraph 11 of that Part.

(4)But the exclusions described in sub-paragraph (3) are subject to the exception in sub-paragraph (5).

(5)The services described in sub-paragraph (2) include services provided in relation to conveyancing, but only where—

(a)the services in relation to conveyancing are provided in the course of giving effect to arrangements for the resolution of a family dispute, and

(b)services described in that sub-paragraph or sub-paragraph (1) (other than services in relation to conveyancing) are being or have been provided in relation to the dispute under arrangements made for the purposes of this Part of this Act.

(6)Sub-paragraphs (1) and (2) are subject to the exclusion in Part 3 of this Schedule.

Definitions

(7)For the purposes of this paragraph—

(a)a dispute is a family dispute if it is a dispute between individuals about a matter arising out of a family relationship between the individuals,

(b)there is a family relationship between two individuals if they are associated with each other, and

(c)associated” has the same meaning as in Part 4 of the Family Law Act 1996 (see section 62 of that Act).

(8)For the purposes of this paragraph—

(a)matters arising out of a family relationship include matters arising under a family enactment, and

(b)(subject to paragraph (a)) the Lord Chancellor may by regulations make provision about when matters arise out of a family relationship.

(9)In this paragraph—

  • child” means a person under the age of 18;

  • family enactment” has the meaning given in paragraph 12.

Children who are parties to family proceedingsE+W

15(1)Civil legal services provided to a child in relation to family proceedings—E+W

(a)where the child is, or proposes to be, the applicant or respondent;

(b)where the child is made a party to the proceedings by a court under rule 16.2 of the Family Procedure Rules;

(c)where the child is a party to the proceedings and is conducting, or proposes to conduct, the proceedings without a children's guardian or litigation friend in accordance with rule 16.6 of the Family Procedure Rules.

Exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

(3)For the purposes of this paragraph—

(a)proceedings are family proceedings if they relate to a matter arising out of a family relationship,

(b)there is a family relationship between two individuals if they are associated with each other, and

(c)associated” has the same meaning as in Part 4 of the Family Law Act 1996 (see section 62 of that Act).

(4)For the purposes of this paragraph—

(a)matters arising out of a family relationship include matters arising under a family enactment, and

(b)(subject to paragraph (a)) the Lord Chancellor may by regulations make provision about when matters arise out of a family relationship.

(5)In this paragraph—

  • child” means a person under the age of 18;

  • family enactment” has the meaning given in paragraph 12.

[F19Female genital mutilation protection ordersE+W

Textual Amendments

F19 Sch. 1 Pt. 1 para. 15A and cross-heading inserted (17.7.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 87(2); S.I. 2015/1428, art. 2(c)(iv)

15A(1)Civil legal services provided in relation to female genital mutilation protection orders under paragraph 1 of Schedule 2 to the Female Genital Mutilation Act 2003.E+W

Exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.]

Forced marriageE+W

16(1)Civil legal services provided in relation to forced marriage protection orders under Part 4A of the Family Law Act 1996.E+W

Exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

[F20Transitional EU arrangements] and international agreements concerning childrenE+W

17(1)Civil legal services provided in relation to—E+W

(a)an application made to the Lord Chancellor under the 1980 European Convention on Child Custody for the recognition or enforcement in England and Wales of a decision relating to the custody of a child;

(b)an application made to the Lord Chancellor under the 1980 Hague Convention in respect of a child who is, or is believed to be, in England and Wales;

(c)the recognition or enforcement of a judgment in England and Wales in accordance with Article 21, 28, 41, 42 or 48 of the 2003 Brussels Regulation.

Exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

(3)In this paragraph—

  • the 1980 European Convention on Child Custody” means the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on the Restoration of Custody of Children which was signed in Luxembourg on 20 May 1980;

  • the 1980 Hague Convention” means the Convention on the Civil Aspects of International Child Abduction which was signed at The Hague on 25 October 1980;

  • the 2003 Brussels Regulation” means Council Regulation (EC) No. 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility.

(4)For the purposes of this paragraph, an application is made to the Lord Chancellor if it is addressed to the Lord Chancellor or transmitted to the Lord Chancellor in accordance with section 3 or 14 of the Child Abduction and Custody Act 1985.

[F21Transitional EU arrangements] and international agreements concerning maintenanceE+W

18(1)Civil legal services provided in relation to an application under the following for the recognition or enforcement in England and Wales of a maintenance order—E+W

(a)the 1968 Brussels Convention;

(b)the 1973 Hague Convention;

(c)the 1989 Lugano Convention;

(d)the 2000 Brussels Regulation;

(e)the 2007 Lugano Convention.

(2)Civil legal services provided in relation to an application under Article 56 of the EU Maintenance Regulation (applications relating to maintenance decisions).

(3)Civil legal services provided to an individual in relation to proceedings in England and Wales relating to the recognition, enforceability or enforcement of a maintenance decision in circumstances in which the individual falls within Article 47(2) or (3) of the EU Maintenance Regulation (parties who benefited from free legal aid etc in Member State of origin).

[F22(3A)Civil legal services provided in relation to an application under Article 10 of the 2007 Hague Convention (applications relating to maintenance decisions).

(3B)Civil legal services provided to an individual in relation to proceedings in England and Wales relating to the recognition or enforcement of a maintenance decision in circumstances in which—

(a)Article 17(b) of the 2007 Hague Convention (free legal assistance for persons who benefited from such assistance in State of origin) applies to the proceedings by virtue of Article 37(2) of that Convention (direct request to competent authority of Contracting State), and

(b)the individual falls within Article 17(b) as so applied.]

Exclusions

(4)Sub-paragraphs (1) to [F23(3B)] are subject to—

(a)the exclusions in Part 2 of this Schedule, with the exception of paragraph 11 of that Part, and

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

Definitions

(5)In this paragraph—

  • the 1968 Brussels Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocol annexed to that Convention) signed at Brussels on 27 September 1968;

  • the 1973 Hague Convention” means the Convention on the recognition and enforcement of decisions relating to maintenance obligations concluded at The Hague on 2 October 1973;

  • the 1989 Lugano Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocols annexed to that Convention) opened for signature at Lugano on 16 September 1988 and signed by the United Kingdom on 18 September 1989;

  • the 2000 Brussels Regulation” means Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters;

  • [F24the 2007 Hague Convention ” means the Convention on the international recovery of child support and other forms of family maintenance concluded at The Hague on 23 November 2007; ]

  • the 2007 Lugano Convention” means the Convention on jurisdiction and enforcement of judgments in civil and commercial matters, between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Kingdom of Denmark signed on behalf of the European Community on 30 October 2007;

  • the EU Maintenance Regulation” means Council Regulation (EC) No. 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and co-operation in matters relating to maintenance obligations;

  • maintenance order”, in relation to a convention or regulation listed in this paragraph, means a maintenance judgment within the meaning of that convention or regulation.

Textual Amendments

F22Sch. 1 Pt. 1 para. 18(3A)(3B) inserted (1.4.2013) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2013, arts. 1, {5(2)}

Judicial reviewE+W

19(1)Civil legal services provided in relation to judicial review of an enactment, decision, act or omission.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, 12, [F2515, 16 and 18] of that Part, and

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

Specific exclusion: benefit to individual

(3)The services described in sub-paragraph (1) do not include services provided to an individual in relation to judicial review that does not have the potential to produce a benefit for the individual, a member of the individual's family or the environment.

(4)Sub-paragraph (3) does not exclude services provided in relation to a judicial review where the judicial review ceases to have the potential to produce such a benefit after civil legal services have been provided in relation to the judicial review under arrangements made for the purposes of this Part of this Act.

Specific exclusions: immigration cases

(5)The services described in sub-paragraph (1) do not include services provided in relation to judicial review in respect of an issue relating to immigration where—

(a)the same issue, or substantially the same issue, was the subject of a previous judicial review or an appeal to a court or tribunal,

(b)on the determination of the previous judicial review or appeal (or, if there was more than one, the latest one), the court, tribunal or other person hearing the case found against the applicant or appellant on that issue, and

(c)the services in relation to the new judicial review are provided before the end of the period of 1 year beginning with the day of that determination.

(6)The services described in sub-paragraph (1) do not include services provided in relation to judicial review of removal directions in respect of an individual where the directions were given not more than 1 year after the latest of the following—

(a)the making of the decision (or, if there was more than one, the latest decision) to remove the individual from the United Kingdom by way of removal directions;

(b)the refusal of leave to appeal against that decision;

(c)the determination or withdrawal of an appeal against that decision.

(7)Sub-paragraphs (5) and (6) do not exclude services provided to an individual in relation to—

(a)judicial review of a negative decision in relation to an asylum application (within the meaning of the EU Procedures Directive) where there is no right of appeal to the First-tier Tribunal against the decision;

(b)judicial review of certification under section 94 or 96 of the Nationality, Immigration and Asylum Act 2002 (certificate preventing or restricting appeal of immigration decision).

(8)Sub-paragraphs (5) and (6) do not exclude services provided in relation to judicial review of removal directions in respect of an individual where prescribed conditions relating to either or both of the following are met—

(a)the period between the individual being given notice of the removal directions and the proposed time for his or her removal;

(b)the reasons for proposing that period.

Definitions

(9)For the purposes of this paragraph an individual is a member of another individual's family if—

(a)they are relatives (whether of the full blood or half blood or by marriage or civil partnership),

(b)they are cohabitants (as defined in Part 4 of the Family Law Act 1996), or

(c)one has parental responsibility for the other.

(10)In this paragraph—

  • EU Procedures Directive” means Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status;

  • an issue relating to immigration” includes an issue relating to rights described in paragraph 30 of this Part of this Schedule;

  • judicial review” means—

    (a)

    the procedure on an application for judicial review (see section 31 of the Senior Courts Act 1981), but not including the procedure after the application is treated under rules of court as if it were not such an application, and

    (b)

    any procedure in which a court, tribunal or other person mentioned in Part 3 of this Schedule is required by an enactment to make a decision applying the principles that are applied by the court on an application for judicial review;

  • removal directions” means directions under—

    (a)

    paragraphs 8 to 10A of Schedule 2 to the Immigration Act 1971 (removal of persons refused leave to enter and illegal entrants);

    (b)

    paragraphs 12 to 14 of Schedule 2 to that Act (removal of seamen and aircrew);

    (c)

    paragraph 1 of Schedule 3 to that Act (removal of persons liable to deportation);

    (d)

    section 10 of the Immigration and Asylum Act 1999 (removal of certain persons unlawfully in the United Kingdom);

    (e)

    F26...

Textual Amendments

F26Words in Sch.1 Pt. 1 para. 19(10) omitted (22.10.2014) by virtue of the Immigration Act 2014 (c. 22), Sch. 9 para. 6; S.I. 2014/2771, art. 2(e)

Habeas corpusE+W

20(1)Civil legal services provided in relation to a writ of habeas corpus ad subjiciendum.E+W

Exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Abuse of position or powers by public authorityE+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.

Breach of Convention rights by public authorityE+W

22(1)Civil legal services provided in relation to—E+W

(a)a claim in tort, or

(b)a claim for damages (other than a claim in tort),

in respect of an act or omission by a public authority that involves a significant breach of Convention rights by the authority.

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)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);

  • Convention rights” has the same meaning as in the Human Rights Act 1998;

  • public authority” has the same meaning as in section 6 of that Act.

Clinical negligence and severely disabled infantsE+W

23(1)Civil legal services provided in relation to a claim for damages in respect of clinical negligence which caused a neurological injury to an individual (“V”) as a result of which V is severely disabled, but only where the first and second conditions are met.E+W

(2)The first condition is that the clinical negligence occurred—

(a)while V was in his or her mother's womb, or

(b)during or after V's birth but before the end of the following period—

(i)if V was born before the beginning of the 37th week of pregnancy, the period of 8 weeks beginning with the first day of what would have been that week;

(ii)if V was born during or after the 37th week of pregnancy, the period of 8 weeks beginning with the day of V's birth.

(3)The second condition is that—

(a)the services are provided to V, or

(b)V has died and the services are provided to V's personal representative.

General exclusions

(4)Sub-paragraph (1) is subject to—

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

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

Definitions

(5)In this paragraph—

  • birth” means the moment when an individual first has a life separate from his or her mother and references to an individual being born are to be interpreted accordingly;

  • 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);

  • disabled” means physically or mentally disabled;

  • personal representative”, in relation to an individual who has died, means—

    (a)

    a person responsible for administering the individual's estate under the law of England and Wales, Scotland or Northern Ireland, or

    (b)

    a person who, under the law of another country or territory, has functions equivalent to those of administering the individual's estate.

Special Immigration Appeals CommissionE+W

24(1)Civil legal services provided in relation to proceedings before the Special Immigration Appeals Commission.E+W

Exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Immigration: detentionE+W

25(1)Civil legal services provided in relation to—E+W

(a)detention under the authority of an immigration officer;

(b)detention under Schedule 3 to the Immigration Act 1971;

(c)detention under section 62 of the Nationality, Immigration and Asylum Act 2002;

(d)detention under section 36 of the UK Borders Act 2007.

Exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Immigration: temporary admissionE+W

26(1)Civil legal services provided in relation to temporary admission to the United Kingdom under—E+W

(a)paragraph 21 of Schedule 2 to the Immigration Act 1971;

(b)section 62 of the Nationality, Immigration and Asylum Act 2002.

Exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Immigration: residence etc restrictionsE+W

27(1)Civil legal services provided in relation to restrictions imposed under—E+W

(a)paragraph 2(5) or 4 of Schedule 3 to the Immigration Act 1971 (residence etc restrictions pending deportation);

(b)section 71 of the Nationality, Immigration and Asylum Act 2002 (residence etc restrictions on asylum-seekers).

Exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Immigration: victims of domestic violence and indefinite leave to remainE+W

28(1)Civil legal services provided to an individual (“V”) in relation to an application by V for indefinite leave to remain in the United Kingdom on the grounds that—E+W

(a)V was given leave to enter or remain in the United Kingdom for a limited period as the partner of another individual present and settled in the United Kingdom, and

(b)V's relationship with the other individual broke down permanently because V was the victim of domestic violence.

General exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Specific exclusion

(3)The services described in sub-paragraph (1) do not include attendance at an interview conducted on behalf of the Secretary of State with a view to reaching a decision on an application.

Definitions

(4)For the purposes of this paragraph, one individual is a partner of another if—

(a)they are married to each other,

(b)they are civil partners of each other, or

(c)they are cohabitants.

(5)In this paragraph—

  • cohabitant” has the same meaning as in Part 4 of the Family Law Act 1996 (see section 62 of that Act);

  • [F27domestic violence ” means any incident, or pattern of incidents, of controlling, coercive or threatening behaviour, violence or abuse (whether psychological, physical, sexual, financial or emotional) between individuals who are associated with each other (within the meaning of section 62 of the Family Law Act 1996); ]

  • indefinite leave to remain in the United Kingdom” means leave to remain in the United Kingdom under the Immigration Act 1971 which is not limited as to duration;

  • present and settled in the United Kingdom” has the same meaning as in the rules made under section 3(2) of the Immigration Act 1971.

Immigration: victims of domestic violence and residence cardsE+W

29(1)Civil legal services provided to an individual (“V”) in relation to a residence card application where V—E+W

(a)has ceased to be a family member of a qualified person on the termination of the marriage or civil partnership of the qualified person,

(b)is a family member who has retained the right of residence by virtue of satisfying the conditions in regulation 10(5) of the Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003) (“the 2006 Regulations”), and

(c)has satisfied the condition in regulation 10(5)(d)(iv) of the 2006 Regulations on the ground that V or a family member of V was the victim of domestic violence while the marriage or civil partnership of the qualified person was subsisting.

General exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Specific exclusion

(3)The services described in sub-paragraph (1) do not include attendance at an interview conducted on behalf of the Secretary of State with a view to reaching a decision on an application.

Definitions

(4)In this paragraph—

  • [F28domestic violence ” means any incident, or pattern of incidents, of controlling, coercive or threatening behaviour, violence or abuse (whether psychological, physical, sexual, financial or emotional) between individuals who are associated with each other (within the meaning of section 62 of the Family Law Act 1996); ]

  • family member” has the same meaning as in the 2006 Regulations (see regulations 7 and 9);

  • family member who has retained the right of residence” has the same meaning as in the 2006 Regulations (see regulation 10);

  • qualified person” has the same meaning as in the 2006 Regulations (see regulation 6);

  • residence card application” means—

    (a)

    an application for a residence card under regulation 17 of the 2006 Regulations, or

    (b)

    an application for a permanent residence card under regulation 18(2) of the 2006 Regulations.

Immigration: rights to enter and remainE+W

30[F29(1)Civil legal services provided in relation to rights to enter, and to remain in, the United Kingdom which—E+W

(a)arise from—

(i)the Refugee Convention; or

(ii)Article 2 or 3 of the Human Rights Convention; or

(b)are conferred by—

(i)immigration rules, insofar as they implemented the Qualification Directive; or

(ii)any other provision of [F30assimilated] law which implemented the Qualification Directive.]

General exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Specific exclusion

(3)The services described in sub-paragraph (1) do not include attendance at an interview conducted on behalf of the Secretary of State with a view to reaching a decision on a claim in respect of the rights mentioned in that sub-paragraph, except where regulations provide otherwise.

Definitions

(4)In this paragraph—

  • the Human Rights Convention” means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4 November 1950 as it has effect for the time being in relation to the United Kingdom;

  • [F31 immigration rules ” has the meaning given by section 33(1) of the Immigration Act 1971;]

  • the Qualification Directive” means Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted;

  • the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention;

  • F32...

Immigration: accommodation for asylum-seekers etcE+W

31(1)Civil legal services provided in relation to the Secretary of State's powers to provide, or arrange for the provision of, accommodation under—E+W

(a)section 4 or 95 of the Immigration and Asylum Act 1999 (accommodation for persons temporarily admitted and asylum-seekers);

(b)section 17 of the Nationality, Immigration and Asylum Act 2002 (support for destitute asylum-seekers).

Exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

[F33Immigration, citizenship and nationality: separated childrenE+W

31A.(1)Civil legal services provided in relation to a relevant application where the services are provided to an individual who, at the time of applying for those services, is a separated child.E+W

(2)A relevant application is—

(a)an application made by the separated child or another person under the immigration rules for the grant of entry clearance, leave to enter or leave to remain in the United Kingdom (whether under or outside of the immigration rules),

(b)an application made by the separated child outside of the immigration rules for the grant of leave to remain in the United Kingdom, or

(c)an application made by the separated child for registration under the British Nationality Act 1981 as—

(i)a British citizen,

(ii)a British overseas territories citizen,

(iii)a British Overseas citizen, or

(iv)a British subject.

Exclusions

(3)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

(4)In this paragraph—

  • “child” means an individual—

    (a)

    who is under the age of 18, or

    (b)

    whose age is uncertain, but who is treated by the Director as being under the age of 18;

  • “entry clearance” has the same meaning as in the Immigration Act 1971;

  • “immigration rules” has the same meaning as in the Immigration Act 1971;

  • “leave to enter” and “leave to remain” are to be construed in accordance with the Immigration Act 1971;

  • “separated”, in relation to a child, means—

    (a)

    not being cared for by a parent,

    (b)

    not being cared for by a person with parental responsibility for the child (within the meaning of section 3 of the Children Act 1989), or

    (c)

    looked after by a local authority (within the meaning of section 107(6)).]

Victims of trafficking in human beingsE+W

32(1)Civil legal services provided to an individual in relation to an application by the individual for leave to enter, or to remain in, the United Kingdom where—E+W

(a)there has been a conclusive determination that the individual is a victim of trafficking in human beings, or

(b)there are reasonable grounds to believe that the individual is such a victim and there has not been a conclusive determination that the individual is not such a victim.

(2)Civil legal services provided in relation to a claim under employment law arising in connection with the exploitation of an individual who is a victim of trafficking in human beings, but only where—

(a)the services are provided to the individual, or

(b)the individual has died and the services are provided to the individual's personal representative.

(3)Civil legal services provided in relation to a claim for damages arising in connection with the trafficking or exploitation of an individual who is a victim of trafficking in human beings, but only where—

(a)the services are provided to the individual, or

(b)the individual has died and the services are provided to the individual's personal representative.

Exclusions

(4)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

(5)Sub-paragraphs (2) and (3) are subject to—

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

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

Definitions

(6)For the purposes of sub-paragraph (1)(b) there are reasonable grounds to believe that an individual is a victim of trafficking in human beings if a competent authority has determined for the purposes of Article 10 of the Trafficking Convention (identification of victims) that there are such grounds.

(7)For the purposes of sub-paragraph (1) there is a conclusive determination that an individual is or is not a victim of trafficking in human beings when, on completion of the identification process required by Article 10 of the Trafficking Convention, a competent authority concludes that the individual is or is not such a victim.

(8)In this paragraph—

  • competent authority” means a person who is a competent authority of the United Kingdom for the purposes of the Trafficking Convention;

  • employment” means employment under a contract of employment or a contract personally to do work and references to “employers” and “employees” are to be interpreted accordingly;

  • employment law” means an enactment or rule of law relating to employment, including in particular an enactment or rule of law conferring powers or imposing duties on employers, conferring rights on employees or otherwise regulating the relations between employers and employees;

  • exploitation” means a form of exploitation described in [F34section 3 of the Modern Slavery Act 2015 (meaning of exploitation for purposes of human trafficking offence in section 2 of that Act);]

  • personal representative”, in relation to an individual who has died, means—

    (a)

    a person responsible for administering the individual's estate under the law of England and Wales, Scotland or Northern Ireland, or

    (b)

    a person who, under the law of another country or territory, has functions equivalent to those of administering the individual's estate;

  • the Trafficking Convention” means the Council of Europe Convention on Action against Trafficking in Human Beings (done at Warsaw on 16 May 2005);

  • trafficking in human beings” has the same meaning as in the Trafficking Convention.

Textual Amendments

F34Words in Sch. 1 Pt. 1 para. 32(8) substituted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 10; S.I. 2015/1476, reg. 2(j)

[F35Victims of slavery, servitude or forced or compulsory labourE+W

Textual Amendments

F35Sch. 1 para. 32A and cross-heading inserted (31.7.2015) by Modern Slavery Act 2015 (c. 30), ss. 47(2), 61(1); S.I. 2015/1476, reg. 2(f)

32A(1)Civil legal services provided to an individual in relation to an application by the individual for leave to enter, or to remain in, the United Kingdom where—E+W

(a)there has been a conclusive determination that the individual is a victim of slavery, servitude or forced or compulsory labour, or

(b)there are reasonable grounds to believe that the individual is such a victim and there has not been a conclusive determination that the individual is not such a victim.

(2)Civil legal services provided in relation to a claim under employment law arising in connection with the conduct by virtue of which an individual who is a victim of slavery, servitude or forced or compulsory labour is such a victim, but only where—

(a)the services are provided to the individual, or

(b)the individual has died and the services are provided to the individual's personal representative.

(3)Civil legal services provided in relation to a claim for damages arising in connection with the conduct by virtue of which an individual who is a victim of slavery, servitude or forced or compulsory labour is such a victim, but only where—

(a)the services are provided to the individual, or

(b)the individual has died and the services are provided to the individual's personal representative.

Exclusions

(4)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

(5)Sub-paragraphs (2) and (3) are subject to—

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

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

Definitions

(6)For the purposes of sub-paragraph (1)(b) there are reasonable grounds to believe that an individual is a victim of slavery, servitude or forced or compulsory labour if a competent authority has determined that there are such grounds.

(7)For the purposes of sub-paragraph (1) there is a conclusive determination that an individual is or is not a victim of slavery, servitude or forced or compulsory labour when a competent authority concludes that the individual is or is not such a victim.

(8) For the purposes of this paragraph “ slavery ”, “ servitude ” and “ forced or compulsory labour ” have the same meaning as they have for the purposes of article 4 of the Human Rights Convention.

(9) The “ Human Rights Convention ” means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4 November 1950, as it has effect for the time being in relation to the United Kingdom.

(10)The definitions of “competent authority”, “employment”, “employment law” and “personal representative” in paragraph 32(8) also apply for the purposes of this paragraph.]

Loss of homeE+W

33(1)Civil legal services provided to an individual in relation to—E+W

(a)court orders for sale or possession of the individual's home, or

(b)the eviction from the individual's home of the individual or others.

[F36(1A)Civil legal services provided to an individual, where the Director has determined the individual qualifies for any services described in sub-paragraph (1) (and has not withdrawn the determination), in relation to –

(a)housing matters;

(b)debt;

(c)a benefit, allowance, payment, credit or pension under—

(i)a social security enactment;

(ii)the Vaccine Damage Payments Act 1979;

(iii)Part 4 of the Child Maintenance and Other Payments Act 2008;

(d)a council tax reduction scheme.]

(2)Civil legal services provided to an individual in relation to a bankruptcy order against the individual under Part 9 of the Insolvency Act 1986 where—

(a)the individual's estate includes the individual's home, and

(b)the petition for the bankruptcy order is or was presented by a person other than the individual,

including services provided in relation to a statutory demand under that Part of that Act.

General exclusions

(3)Sub-paragraphs (1) and (2) are subject to the exclusions in Part 2 of this Schedule, with the exception of paragraph 14 of that Part.

(4)But the exclusions described in sub-paragraph (3) are subject to the exceptions in sub-paragraphs (5) and (6).

(5)The services described in sub-paragraph (1) include services provided in relation to proceedings on an application under the Trusts of Land and Appointment of Trustees Act 1996 to which section 335A of the Insolvency Act 1986 applies (application by trustee of bankrupt's estate).

(6)The services described in sub-paragraph (1) include services described in any of paragraphs 3 to 6 or 8 of Part 2 of this Schedule to the extent that they are—

(a)services provided to an individual in relation to a counterclaim in proceedings for a court order for sale or possession of the individual's home, or

(b)services provided to an individual in relation to the unlawful eviction from the individual's home of the individual or others.

(7)Sub-paragraphs (1) and (2) are subject to the exclusion in Part 3 of this Schedule.

[F37(7A)Sub-paragraph (1A) is subject to the exclusions in Part 2 of this Schedule, with the exception of paragraphs 14 and 15 of that Part.]

Specific exclusion

(8)The services described in sub-paragraph (1) do not include services provided in relation to—

(a)proceedings under the Matrimonial Causes Act 1973;

(b)proceedings under Chapters 2 and 3 of Part 2 of the Civil Partnership Act 2004 (dissolution, nullity and other proceedings and property and financial arrangements).

[F38(8A)The services described in sub-paragraph (1A) do not include advocacy.]

Definitions

[F39(9)In this paragraph—

  • council tax reduction scheme” has the meaning given in paragraph 8A(4);

  • home”, in relation to an individual, means the house, caravan, houseboat or other vehicle or structure that is the individual’s only or main residence, subject to sub-paragraph (10);

  • housing matters” means matters which concern—

    (i)

    the possession of, status of, terms of occupation, repair of, improvement of, quiet enjoyment of, or payment of rent or other charges for, an individual’s home;

    (ii)

    the rights of leaseholders under the terms of their lease or under any statutory provision ;

    (iii)

    the allocation and transfer of housing and the provision of sites for occupation,

    but does not include disputes relating to any boundary of a property;

  • social security enactment” has the meaning given in paragraph 8(3).]

(10)References in this paragraph to an individual's home do not include a vehicle or structure occupied by the individual if—

(a)there are no grounds on which it can be argued that the individual is occupying the vehicle or structure otherwise than as a trespasser, and

(b)there are no grounds on which it can be argued that the individual's occupation of the vehicle or structure began otherwise than as a trespasser.

(11)In sub-paragraphs (9) and (10), the references to a caravan, houseboat or other vehicle include the land on which it is located or to which it is moored.

(12)For the purposes of sub-paragraph (10) individuals occupying, or beginning occupation, of a vehicle or structure as a trespasser include individuals who do so by virtue of—

(a)title derived from a trespasser, or

(b)a licence or consent given by a trespasser or a person deriving title from a trespasser.

(13)For the purposes of sub-paragraph (10) an individual who is occupying a vehicle or structure as a trespasser does not cease to be a trespasser by virtue of being allowed time to leave the vehicle or structure.

HomelessnessE+W

34(1)Civil legal services provided to an individual who is homeless, or threatened with homelessness, in relation to the provision of accommodation and assistance for the individual under—E+W

(a)Part 6 of the Housing Act 1996 (allocation of housing accommodation);

(b)Part 7 of that Act (homelessness).

Exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

(3)In this paragraph “homeless” and “threatened with homelessness” have the same meaning as in section 175 of the Housing Act 1996.

Risk to health or safety in rented homeE+W

35(1)Civil legal services provided to an individual in relation to the removal or reduction of a serious risk of harm to the health or safety of the individual or a relevant member of the individual's family where—E+W

(a)the risk arises from a deficiency in the individual's home,

(b)the individual's home is rented or leased from another person, and

(c)the services are provided with a view to securing that the other person makes arrangements to remove or reduce the risk.

Exclusions

(2)Sub-paragraph (1) is subject to—

(a)the exclusions in Part 2 of this Schedule, with the exception of paragraphs 6 and 8 of that Part, and

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

Definitions

(3)For the purposes of this paragraph—

(a)a child is a relevant member of an individual's family if the individual is the child's parent or has parental responsibility for the child;

(b)an adult (“A”) is a relevant member of an individual's family if—

(i)they are relatives (whether of the full blood or half blood or by marriage or civil partnership) or cohabitants, and

(ii)the individual's home is also A's home.

(4)In this paragraph—

  • adult” means a person aged 18 or over;

  • building” includes part of a building;

  • child” means a person under the age of 18;

  • cohabitant” has the same meaning as in Part 4 of the Family Law Act 1996 (see section 62(1) of that Act);

  • deficiency” means any deficiency, whether arising as a result of the construction of a building, an absence of maintenance or repair, or otherwise;

  • harm” includes temporary harm;

  • health” includes mental health;

  • home”, in relation to an individual, means the house, caravan, houseboat or other vehicle or structure that is the individual's only or main residence, together with any garden or ground usually occupied with it.

Anti-social behaviourE+W

36(1)Civil legal services provided to an individual in relation to [F40an application for, or proceedings in respect of, an injunction against the individual under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014.]E+W

Exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Textual Amendments

F40Words in Sch. 1 Pt. 1 para. 36(1) substituted (23.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), Sch. 11 para. 49(1)(2); S.I. 2015/373, art. 4(f)(xi) (with ss. 21, 33, 42, 58, 75, 93)

Protection from harassmentE+W

37(1)Civil legal services provided in relation to—E+W

(a)an injunction under section 3 or 3A of the Protection from Harassment Act 1997;

(b)the variation or discharge of a restraining order under section 5 or 5A of that Act.

Exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Gang-related violence [F41and drug-dealing activity]E+W

Textual Amendments

F41Words in Sch. 1 Pt. 1 para.38 cross-heading inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 87(3); S.I. 2015/820, reg. 3(q)(x)

38(1)Civil legal services provided in relation to injunctions under Part 4 of the Policing and Crime Act 2009 (injunctions to prevent gang-related violence [F42and drug-dealing activity]).E+W

Exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Textual Amendments

F42Words in Sch. 1 Pt. 1 para. 38(1) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 87(4); S.I. 2015/820, reg. 3(q)(x)

Sexual offencesE+W

39(1)Civil legal services provided in relation to a sexual offence, but only where—E+W

(a)the services are provided to the victim of the offence, or

(b)the victim of the offence has died and the services are provided to the victim's personal representative.

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, 8 and 12 of that Part, and

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

Definitions

(3)In this paragraph—

  • personal representative”, in relation to an individual who has died, means—

    (a)

    a person responsible for administering the individual's estate under the law of England and Wales, Scotland or Northern Ireland, or

    (b)

    a person who, under the law of another country or territory, has functions equivalent to those of administering the individual's estate;

  • sexual offence” means—

    (a)

    an offence under a provision of the Sexual Offences Act 2003 (“the 2003 Act”), F43...

    (b)

    an offence under section 1 of the Protection of Children Act 1978 (“the 1978 Act”) (indecent photographs of children)[F44, and

    (c)

    an offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).]

(4)The references in sub-paragraph (1) to a sexual offence include—

(a)incitement to commit a sexual offence,

(b)an offence committed by a person under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to which a sexual offence is the offence which the person intended or believed would be committed,

(c)conspiracy to commit a sexual offence, and

(d)an attempt to commit a sexual offence.

(5)In this paragraph references to a sexual offence include conduct which would be an offence under a provision of the 2003 Act or section 1 of the 1978 Act but for the fact that it took place before that provision or section came into force.

(6)Conduct falls within the definition of a sexual offence for the purposes of this paragraph whether or not there have been criminal proceedings in relation to the conduct and whatever the outcome of any such proceedings.

Proceeds of crimeE+W

40(1)Civil legal services provided in relation to—E+W

(a)restraint orders under section 41 of the Proceeds of Crime Act 2002 (“the 2002 Act”) including orders under section 41(7) of that Act (orders for ensuring that restraint order is effective);

(b)orders under section 47M of the 2002 Act (detention of property);

(c)directions under section 54(3) of the 2002 Act (distribution of funds in the hands of a receiver);

(d)directions under section 62 of the 2002 Act (action to be taken by receiver);

(e)orders under section 67A of the 2002 Act (realising property), including directions under section 67D of that Act (distribution of proceeds of realisation);

(f)orders under section 72 or 73 of the 2002 Act (compensation);

(g)applications under section 351 of the 2002 Act (discharge or variation of a production order or order to grant entry);

(h)applications under section 362 of the 2002 Act (discharge or variation of disclosure order);

(i)applications under section 369 of the 2002 Act (discharge or variation of customer information order);

(j)applications under section 375 of the 2002 Act (discharge or variation of account monitoring orders).

General exclusions

(2)Sub-paragraph (1) is subject to—

(a)the exclusions in Part 2 of this Schedule, with the exception of paragraph 14 of that Part, and

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

Specific exclusions

(3)Where a confiscation order has been made under Part 2 of the 2002 Act against a defendant, the services described in sub-paragraph (1) do not include services provided to the defendant in relation to—

(a)directions under section 54(3) of that Act (distribution of funds in the hands of a receiver), or

(b)directions under section 67D of that Act (distribution of proceeds of realisation),

that relate to property recovered pursuant to the order.

(4)Where a confiscation order has been made under Part 2 of the 2002 Act against a defendant and varied under section 29 of that Act, the services described in sub-paragraph (1) do not include services provided in relation to an application by the defendant under section 73 of that Act (compensation).

InquestsE+W

41(1)Civil legal services provided to an individual in relation to an inquest under the Coroners Act 1988 into the death of a member of the individual's family.E+W

Exclusions

(2)Sub-paragraph (1) is subject to—

(a)the exclusions in Part 2 of this Schedule, with the exception of paragraph 1 of that Part, and

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

Definitions

(3)For the purposes of this paragraph an individual is a member of another individual's family if—

(a)they are relatives (whether of the full blood or half blood or by marriage or civil partnership),

(b)they are cohabitants (as defined in Part 4 of the Family Law Act 1996), or

(c)one has parental responsibility for the other.

Environmental pollutionE+W

42(1)Civil legal services provided in relation to injunctions in respect of nuisance arising from prescribed types of pollution of the environment.E+W

Exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

EqualityE+W

43(1)Civil legal services provided in relation to contravention of the Equality Act 2010 or a previous discrimination enactment.E+W

Exclusions

(2)Sub-paragraph (1) is subject to—

(a)the exclusions in Part 2 of this Schedule, with the exception of paragraph 15 of that Part, and

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

Definitions

(3)In this paragraph “previous discrimination enactment” means—

(a)the Equal Pay Act 1970;

(b)the Sex Discrimination Act 1975;

(c)the Race Relations Act 1976;

(d)the Disability Discrimination Act 1995;

(e)the Employment Equality (Religion or Belief) Regulations 2003 (S.I. 2003/1660);

(f)the Employment Equality (Sexual Orientation) Regulations 2003 (S.I. 2003/1661);

(g)the Equality Act 2006;

(h)the Employment Equality (Age) Regulations 2006 (S.I. 2006/1031);

(i)the Equality Act (Sexual Orientation) Regulations 2007 (S.I. 2007/1263).

(4)The reference in sub-paragraph (1) to contravention of the Equality Act 2010 or a previous discrimination enactment includes—

(a)breach of a term modified by, or included by virtue of, a provision that is an equality clause or equality rule for the purposes of the Equal Pay Act 1970 or the Equality Act 2010, and

(b)breach of a provision that is a non-discrimination rule for the purposes of the Equality Act 2010.

Cross-border disputesE+W

F4544E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Terrorism prevention and investigation measures etcE+W

45(1)Civil legal services provided to an individual in relation to a TPIM notice relating to the individual.E+W

(2)Civil legal services provided to an individual in relation to control order proceedings relating to the individual.

Exclusions

(3)Sub-paragraphs (1) and (2) are subject to the exclusions in Parts 2 and 3 of this Schedule.

(4)In this paragraph—

  • control order proceedings” means proceedings described in paragraph 3(1)(a) to (e) of Schedule 8 to the Terrorism Prevention and Investigation Measures Act 2011 (“the 2011 Act”);

  • TPIM notice” means a notice under section 2(1) of the 2011 Act.

[F46Extension of time for retention of travel documentsE+W

Textual Amendments

F46 Sch. 1 Pt.1 para 45A and cross-heading inserted (13.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), ss. 1(2)(a), 52(1)

45A(1)Civil legal services provided in relation to proceedings under paragraph 8 of Schedule 1 to the Counter-Terrorism and Security Act 2015.E+W

Exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.]

[F47Foreign power threat activity prevention and investigation measuresE+W

Textual Amendments

45B(1)Civil legal services provided to an individual in relation to a notice under section 39(1) of the National Security Act 2023 relating to the individual.E+W

(2)Sub-paragraph (1) is subject to—

(a)the exclusions in Part 2 of this Schedule, with the exception of paragraph 18 of that Part, and

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

Connected mattersE+W

46(1)Prescribed civil legal services provided, in prescribed circumstances, in connection with the provision of services described in a preceding paragraph of this Part of this Schedule.E+W

Exclusions

(2)Sub-paragraph (1) is subject to—

(a)the exclusions in Parts 2 and 3 of this Schedule, except to the extent that regulations under this paragraph provide otherwise, and

(b)any other prescribed exclusions.

Part 2E+WExcluded services

The services described in Part 1 of this Schedule do not include the services listed in this Part of this Schedule, except to the extent that Part 1 of this Schedule provides otherwise.

1E+WCivil legal services provided in relation to personal injury or death.

2E+WCivil legal services provided in relation to a claim in tort in respect of negligence.

3E+WCivil legal services provided in relation to a claim in tort in respect of assault, battery or false imprisonment.

4E+WCivil legal services provided in relation to a claim in tort in respect of trespass to goods.

5E+WCivil legal services provided in relation to a claim in tort in respect of trespass to land.

6E+WCivil legal services provided in relation to damage to property.

7E+WCivil legal services provided in relation to defamation or malicious falsehood.

8E+WCivil legal services provided in relation to a claim in tort in respect of breach of statutory duty.

9E+WCivil legal services provided in relation to conveyancing.

10E+WCivil legal services provided in relation to the making of wills.

11E+WCivil legal services provided in relation to matters of trust law.

Modifications etc. (not altering text)

C2Sch. 1 Pt. 2 para. 11 restricted (1.4.2013) by The Civil Legal Aid (Connected Matters) Regulations (S.I. 2013/451), regs. 1, {4}

12(1)Civil legal services provided in relation to a claim for damages in respect of a breach of Convention rights by a public authority to the extent that the claim is made in reliance on section 7 of the Human Rights Act 1998.E+W

(2)In this paragraph—

  • Convention rights” has the same meaning as in the Human Rights Act 1998;

  • public authority” has the same meaning as in section 6 of that Act.

13E+WCivil legal services provided in relation to matters of company or partnership law.

Modifications etc. (not altering text)

C3Sch. 1 Pt. 2 para. 13 restricted (1.4.2013) by The Civil Legal Aid (Connected Matters) Regulations (S.I. 2013/451), regs. 1, {4}

14E+WCivil legal services provided to an individual in relation to matters arising out of or in connection with—

(a)a proposal by that individual to establish a business,

(b)the carrying on of a business by that individual (whether or not the business is being carried on at the time the services are provided), or

(c)the termination or transfer of a business that was being carried on by that individual.

Modifications etc. (not altering text)

C4Sch. 1 Pt. 2 para. 14 restricted (1.4.2013) by The Civil Legal Aid (Connected Matters) Regulations (S.I. 2013/451), regs. 1, {4}

15(1)Civil legal services provided in relation to a benefit, allowance, payment, credit or pension under—E+W

(a)a social security enactment,

(b)the Vaccine Damage Payments Act 1979, or

(c)Part 4 of the Child Maintenance and Other Payments Act 2008.

(2)In this paragraph “social security enactment” means—

(a)the Social Security Contributions and Benefits Act 1992,

(b)the Jobseekers Act 1995,

(c)the State Pension Credit Act 2002,

(d)the Tax Credits Act 2002,

(e)the Welfare Reform Act 2007,

(f)the Welfare Reform Act 2012, or

(g)any other enactment relating to social security.

16E+WCivil legal services provided in relation to compensation under the Criminal Injuries Compensation Scheme.

17E+WCivil legal services provided in relation to changing an individual's name.

[F4818(1)Civil legal services provided in relation to judicial review of an enactment, decision, act or omission.E+W

(2) In this paragraph “ judicial review ” means—

(a)the procedure on an application for judicial review (see section 31 of the Senior Courts Act 1981), but not including the procedure after the application is treated under rules of court as if it were not such an application, and

(b)any procedure in which a court, tribunal or other person mentioned in Part 3 of this Schedule is required by an enactment to make a decision applying the principles that are applied by the court on an application for judicial review.]

Part 3E+WAdvocacy: 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: courtsE+W

1E+WAdvocacy in proceedings in the Supreme Court.

2E+WAdvocacy in proceedings in the Court of Appeal.

3E+WAdvocacy in proceedings in the High Court.

4E+WAdvocacy 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.

5E+WAdvocacy in proceedings in [F49the county court].

Textual Amendments

F49Words in Sch. 1 Pt. 3 para. 5 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), Sch. 9, para.52; S.I. 2014/954, art. 2(c)

[F505A.E+WAdvocacy in proceedings in the family court.]

6E+WAdvocacy in the following proceedings in the Crown Court—

(a)proceedings for the variation or discharge of an order under [F51section 360 of the Sentencing Code or section] 5A of the Protection from Harassment Act 1997, F52...

[F53(aa)proceedings on an appeal under section 10(1)(b) of the Crime and Disorder Act 1998(1) against the making of a parenting order where an injunction is granted under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014,]

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

[F54(c) proceedings on an appeal under section 46B of the Policing and Crime Act 2009, F55 ...

(d) proceedings on an appeal under section 15 of the Anti-social Behaviour, Crime and Policing Act 2014][F56 and

(e)proceedings for the variation or discharge of an order under paragraph 1 of Schedule 2 to the Female Genital Mutilation Act 2003.]

Textual Amendments

F52Word in Sch. 1 Pt. 3 para. 6(a) omitted (16.12.2014) by virtue of 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(2)(a)

F53Sch.1 Pt. 3 para 6(aa) 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(2)(b)

F54Sch. 1 Pt. 3 paras. 6(c)(d) 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(2)(c)

F55Word in Sch. 1 Pt. 3 para. 6(c) repealed (17.7.2015) by the Serious Crime Act 2015 (c. 9), Sch. 4 para. 88(2)(a); S.I. 2015/1428, art 2(c)(v)

F56Sch. 1 Pt. 3 para. 6(e) and word inserted (17.7.2015) by the Serious Crime Act 2015 (c. 9), Sch. 4 para. 88(2)(b); S.I. 2015/1428, art 2(c)(v)

7E+WAdvocacy in a magistrates' court that falls within the description of civil legal services in any of [F57the following provisions of Part 1 of this Schedule—

(a)paragraph 1(1)(e)

(b)paragraph 1(2) so far as relating to paragraph (1)(1)(e), and

(c)paragraphs 11(2), 12, 13(1)(e), 15[F58, 17 (1)(a) and (b), 36 and 38].]

Textual Amendments

F58Words in Sch. 1 Pt. 3 para. 7(c) substituted (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(3)

8E+WAdvocacy in the following proceedings in a magistrates' court—

F59(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F60section 360 of the Sentencing Code or section] 5A of the Protection from Harassment Act 1997, F61...

(d)proceedings under the Proceeds of Crime Act 2002 in relation to matters listed in paragraph 40 of Part 1 of this Schedule [F62; and

(e)proceedings for the variation or discharge of an order under paragraph 1 of Schedule 2 to the Female Genital Mutilation Act 2003.]

Textual Amendments

F59Sch. 1 Pt. 3 para. 8(a) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 290(c)

F61Word in Sch.1 Pt. 3 para. 8(c) omitted (17.7.2015) by virtue of Serious Crime Act 2015 (c. 9), Sch. 4 para. 88(3)(b); S.I. 2015/1428, art 2(c)(v)

F62Sch. 1 Pt. 3 para. 8(e) and word inserted (17.7.2015) by the Serious Crime Act 2015 (c. 9), Sch. 4 para. 88(3)(b); S.I. 2015/1428, art 2(c)(v)

Exceptions: tribunalsE+W

9E+WAdvocacy 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.

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

11E+WAdvocacy 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.

12E+WAdvocacy 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.

13E+WAdvocacy in the First-tier Tribunal that falls within the description of civil legal services in paragraph 28, 29 [F6331A,] or [F64, 32(1) or 32A(1)] of Part 1 of this Schedule.

Textual Amendments

F64Words 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)

14E+WAdvocacy 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).

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

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

17E+WAdvocacy 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 [F65Education] Tribunal for Wales in proceedings under—

[F66(a)Part 4 of the Education Act 1996 (special educational needs),]

[F66(a)Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018,]

(b)the Equality Act 2010 [F67, or]

[F68(c)Part 3 of the Children and Families Act 2014(6) (children and young people in England with special educational needs or disabilities).]

18E+WAdvocacy 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.

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

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

Other exceptionsE+W

21E+WAdvocacy in proceedings in the Special Immigration Appeals Commission.

22E+WAdvocacy in proceedings in the Proscribed Organisations Appeal Commission.

[F6922AE+WAdvocacy in proceedings before a District Judge (Magistrates' Courts) under paragraph 8 of Schedule 1 to the Counter-Terrorism and Security Act 2015.]

Textual Amendments

F69Sch. 1 Pt. 3 para. 22A inserted (13.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), ss. 1(2)(b), 52(1)

23E+WAdvocacy 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.

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

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

Part 4E+WInterpretation

1E+WFor the purposes of this Part of this Act, civil legal services are described in Part 1 of this Schedule if they are described in one of the paragraphs of that Part (other than in an exclusion), even if they are (expressly or impliedly) excluded from another paragraph of that Part.

2E+WReferences in this Schedule to an Act or instrument, or a provision of an Act or instrument—

(a)are references to the Act, instrument or provision as amended from time to time, and

(b)include the Act, instrument or provision as applied by another Act or instrument (with or without modifications).

3E+WReferences in this Schedule to services provided in relation to an act, omission or other matter of a particular description (however expressed) include services provided in relation to an act, omission or other matter alleged to be of that description.

4E+WReferences in this Schedule to services provided in relation to proceedings, orders and other matters include services provided when such proceedings, orders and matters are contemplated.

5(1)Where a paragraph of Part 1 or 2 of this Schedule describes services that consist of or include services provided in relation to proceedings, the description is to be treated as including, in particular—E+W

(a)services provided in relation to related bail proceedings,

(b)services provided in relation to preliminary or incidental proceedings,

(c)services provided in relation to a related appeal or reference to a court, tribunal or other person, and

(d)services provided in relation to the enforcement of decisions in the proceedings.

(2)Where a paragraph of Part 3 of this Schedule describes advocacy provided in relation to particular proceedings in or before a court, tribunal or other person, the description is to be treated as including services provided in relation to preliminary or incidental proceedings in or before the same court, tribunal or other person.

(3)Regulations may make provision specifying whether proceedings are or are not to be regarded as preliminary or incidental for the purposes of this paragraph.

6E+WFor the purposes of this Schedule, regulations may make provision about—

(a)when services are provided in relation to a matter;

(b)when matters arise under a particular enactment;

(c)when proceedings are proceedings under a particular enactment;

(d)when proceedings are related to other proceedings.

7E+WIn this Schedule “enactment” includes—

(a)an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), and

(b)an enactment contained in, or in an instrument made under, an Act or Measure of the National Assembly for Wales.

Section 24

SCHEDULE 2E+WCriminal legal aid: motor vehicle orders

Amounts payable in connection with criminal legal aidE+W

1(1)This Schedule makes provision about the recovery of—E+W

(a)an amount payable in connection with the provision of criminal legal aid which is unpaid after the time when it is required to be paid under section 23,

(b)interest in respect of such an amount which is required to be paid under that section, and

(c)an amount required to be paid under section 24 in respect of costs incurred in connection with the enforcement of an obligation to pay an amount or interest described in paragraph (a) or (b).

(2)Such amounts and interest are referred to in this Schedule as “relevant overdue amounts”.

(3)In this Schedule “criminal legal aid” means—

(a)advice and assistance required to be made available under section 13 or 15, and

(b)representation required to be made available made under section 16.

Recovery by means of motor vehicle ordersE+W

2(1)Regulations under section 24 may authorise a court to make motor vehicle orders in respect of an individual for the purpose of enabling a relevant overdue amount required to be paid by the individual to be recovered by the person to whom the amount is due.E+W

(2)Regulations that make such provision are referred to in this Schedule as “MVO regulations”.

(3)In this Schedule “court” means the High Court, [F70 the county court ] or a magistrates' court.

Textual Amendments

F70Words in Sch. 2 para. 2(3) substituted (22.4.2014) by the Crime and Courts Act 2013 (c. 22), Sch. 9, Pt. 3 para 52; S.I. 2014/954, art. 2(c)

Motor vehicle ordersE+W

3(1)In this Schedule “motor vehicle order” means—E+W

(a)a clamping order;

(b)a vehicle sale order.

(2)A clamping order is an order—

(a)that a motor vehicle be fitted with an immobilisation device (“clamped”), and

(b)which complies with any requirements that are imposed by MVO regulations with respect to the making of clamping orders.

(3)A vehicle sale order is an order that—

(a)a motor vehicle which is the subject of a clamping order is to be sold or otherwise disposed of in accordance with provision made by MVO regulations, and

(b)any proceeds are to be applied, in accordance with MVO regulations, in discharging the individual's liability in respect of the relevant overdue amount.

(4)MVO regulations may make provision in connection with—

(a)the procedure for making motor vehicle orders,

(b)the matters which must be included in such orders,

(c)the fitting of immobilisation devices,

(d)the fixing of notices to motor vehicles to which immobilisation devices have been fitted and the content of such notices,

(e)the removal and storage of motor vehicles,

(f)the release of motor vehicles from immobilisation devices or from storage, including the conditions to be met before a motor vehicle is released,

(g)the sale or other disposal of motor vehicles not released,

(h)the imposition of charges in connection with the fitting of immobilisation devices,

(i)the imposition of charges in connection with the removal, storage, release (whether from immobilisation devices or from storage), sale or disposal of motor vehicles, and

(j)the recovery of charges described in paragraphs (h) and (i), including provision for them to be recovered from the proceeds of sale of motor vehicles.

(5)In this Schedule—

  • immobilisation device” has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984 (immobilisation of vehicles illegally parked);

  • motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, except that section 189 of the Road Traffic Act 1988 (exceptions for certain vehicles) applies for the purposes of this Schedule as it applies for the purposes of the Road Traffic Acts.

ApplicationsE+W

4E+WMVO regulations must provide that a motor vehicle order may be made in relation to a relevant overdue amount only on the application of the person to whom the amount is due.

Matters of which court to be satisfiedE+W

5(1)MVO regulations must provide that, before a court makes a clamping order in respect of an individual, it must be satisfied—E+W

(a)that the failure to pay the relevant overdue amount is attributable to the individual's wilful refusal or culpable neglect, and

(b)that the value of the motor vehicle or vehicles to be clamped, if sold, would be likely to be an amount which exceeds half of the estimated recoverable amount.

(2)In this paragraph “the estimated recoverable amount” means the aggregate of—

(a)the relevant overdue amount, and

(b)the amount of the likely charges due under MVO regulations in relation to the motor vehicle or vehicles.

Ownership of motor vehiclesE+W

6(1)MVO regulations must provide that a clamping order must not be made except in relation to a motor vehicle which is owned by the individual liable to pay the relevant overdue amount.E+W

(2)For this purpose a motor vehicle is owned by an individual if the individual has an interest in the motor vehicle.

Motor vehicles used by disabled personsE+W

7(1)MVO regulations must provide that an immobilisation device may not be fitted to a motor vehicle—E+W

(a)which displays a current disabled person's badge or a current recognised badge, or

(b)in relation to which there are reasonable grounds for believing that it is used for the carriage of a disabled person.

(2)In this paragraph—

  • disabled person's badge” means a badge issued, or having effect as if issued, under regulations under section 21 of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons);

  • recognised badge” has the meaning given by section 21A of the Chronically Sick and Disabled Persons Act 1970 (recognition of badges issued outside Great Britain).

Restrictions on making vehicle sale ordersE+W

8E+WMVO regulations must provide that, where a motor vehicle has been clamped under a clamping order, no vehicle sale order may be made in respect of the motor vehicle before the end of a prescribed period.

Section 31

SCHEDULE 3E+WLegal aid for legal persons

Legal personsE+W

1E+WIn this Schedule “legal person” means a person other than an individual.

Exceptional case determinationsE+W

2(1)For the purposes of this Schedule, in relation to a legal person and civil legal services, advice, assistance or representation for the purposes of criminal proceedings, an exceptional case determination is a determination that sub-paragraph (2) or (3) is satisfied.E+W

(2)This sub-paragraph is satisfied if it is necessary to make the services available to the legal person under this Part because failure to do so would be a breach of—

(a)the person's Convention rights (within the meaning of the Human Rights Act 1998), or

(b)any rights of the person to the provision of legal services that are [F71assimilated enforceable rights].

(3)This sub-paragraph is satisfied if it is appropriate to make the services available to the legal person under this Part, in the particular circumstances of the case, having regard to any risk that failure to do so would be such a breach.

Civil legal aidE+W

3(1)Civil legal services are to be available to a legal person under this Part only if the Director—E+W

(a)has made an exceptional case determination in relation to the person and the services, and

(b)has determined that the person qualifies for the services in accordance with this Part,

(and has not withdrawn either determination).

(2)Sections 11 and 12(1) apply in relation to a determination under sub-paragraph (1)(b) as they apply in relation to a determination under section 10(2)(b).

(3)Subsections (2) to (6) of section 12 apply in relation to a determination under this paragraph as they apply in relation to a determination under section 10.

(4)In sections 11 and 12 as applied by this paragraph, references to an individual include a legal person.

Advice and assistance for criminal proceedingsE+W

4(1)Regulations may provide that prescribed advice and assistance is to be available under this Part to a legal person described in sub-paragraph (2) if—E+W

(a)prescribed conditions are met,

(b)the Director has made an exceptional case determination in relation to the person and the advice and assistance (and has not withdrawn that determination), and

(c)the Director has determined that the legal person qualifies for such advice and assistance in accordance with the regulations (and has not withdrawn that determination).

(2)Those legal persons are—

(a)legal persons who are involved in investigations which may lead to criminal proceedings, and

(b)legal persons who are before a court, tribunal or other person in criminal proceedings.

(3)Subsections (3) to (9) of section 15 apply in relation to regulations under this paragraph (and decisions made under such regulations) as they apply in relation to regulations under that section (and decisions made under such regulations).

(4)In those subsections as applied by this paragraph, references to an individual include a legal person.

(5)In this paragraph “assistance” includes, in particular, assistance in the form of advocacy.

Representation for criminal proceedingsE+W

5(1)Representation for the purposes of criminal proceedings is to be available under this Part to a legal person if—E+W

(a)the person is a specified legal person in relation to the proceedings, or

(b)the proceedings involve the person resisting an appeal to the Crown Court otherwise than in an official capacity,

and the conditions in sub-paragraph (2) are met.

(2)Those conditions are that the Director—

(a)has made an exceptional case determination in relation to the legal person and representation for the purposes of the proceedings, and

(b)has determined (provisionally or otherwise) that the legal person qualifies for such representation in accordance with this Part,

(and has not withdrawn either determination).

(3)Where a legal person qualifies under this Part for representation for the purposes of criminal proceedings, representation is also to be available to the legal person for the purposes of any preliminary or incidental proceedings.

(4)Regulations under section 16(4) and (5) apply for the purposes of sub-paragraph (3) as they apply for the purposes of section 16(3), except to the extent that the regulations provide otherwise.

(5)Section 17(1)(b) applies in relation to an exceptional case determination under sub-paragraph (2)(a) as it applies in relation to a determination under section 16.

(6)Paragraphs (a) and (b) of section 17(1) apply in relation to a determination under sub-paragraph (2)(b) as they apply in relation to a determination under section 16.

(7)Subsections (2) to (7) of section 18 apply in relation to a determination under sub-paragraph (2) (and a decision in relation to the interests of justice for the purposes of such a determination) as they apply in relation to a determination under section 16 (and a decision for the purposes of such a determination).

(8)The Director may not make a provisional determination under sub-paragraph (2)(b) unless authorised to do so by regulations under sub-paragraph (9).

(9)Regulations may provide that the Director may make a provisional determination that a legal person qualifies under this Part for representation for the purposes of criminal proceedings where—

(a)the legal person is involved in an investigation which may result in criminal proceedings,

(b)the determination is made for the purposes of criminal proceedings that may result from the investigation, and

(c)any prescribed conditions are met.

(10)Subsections (2) and (3) of section 20 apply in relation to regulations under sub-paragraph (9) (and determinations and decisions made under such regulations) as they apply in relation to regulations under that section (and determinations and decisions made under such regulations).

(11)In sections 17, 18 and 20 as applied by this paragraph—

(a)references to an individual include a legal person,

(b)references to the relevant authority have effect as if they were references to the Director, and

(c)the reference in section 20(2)(d) to a determination made by the Director or a court in reliance on section 18 or 19 has effect as if it were a reference to a determination by the Director under sub-paragraph (2)(b) made otherwise than in reliance on regulations under sub-paragraph (9).

(12)Regulations may prescribe circumstances in which making representation available to a legal person for the purposes of criminal proceedings is to be taken to be in the interests of justice for the purposes of a determination under this paragraph.

(13)In this paragraph “specified legal person”, in relation to criminal proceedings, means a description of legal person specified in regulations in relation to those proceedings.

Financial resourcesE+W

6E+WSection 21 applies for the purposes of a determination under paragraph 3(1)(b) or 5(2)(b), or under regulations under paragraph 4 or 5(9), as if the references to an individual included a legal person.

Contributions and costsE+W

7E+WIn sections 23, 24, 25 and 26 and Schedule 2, references to an individual include a legal person to whom services are made available under this Part in accordance with this Schedule or regulations under this Schedule.

8E+WIn Schedule 2, references to criminal legal aid include advice, assistance and representation required to be made available under paragraph 4 or 5 of this Schedule.

Providers of services etcE+W

9(1)Section 27 applies in relation to the provision of services to a legal person in accordance with this Schedule or regulations under this Schedule as it applies in relation to the provision of services to an individual under this Part.E+W

(2)In that section as applied by this paragraph—

(a)references to an individual include a legal person,

(b)the reference to a determination under section 16 includes a determination under paragraph 5(2)(b) of this Schedule, and

(c)the reference to regulations under section 15 includes regulations under paragraph 4 of this Schedule.

(3)In sections 28, 29 and 30, references to an individual include a legal person to whom services are made available under this Part in accordance with this Schedule or regulations under this Schedule.

Supplementary mattersE+W

10E+WIn sections 34, 35 and 41(2), references to an individual include a legal person to whom services are made available under this Part in accordance with this Schedule or regulations under this Schedule or who is seeking the provision of such services.

Section 38

SCHEDULE 4E+WTransfer of employees and property etc of Legal Services Commission

Part 1 E+WTransfer of employees etc

TransferE+W

1(1)An individual who is an employee of the Legal Services Commission (“the LSC”) immediately before the transfer day becomes employed in the civil service of the State on that day.E+W

(2)The terms and conditions of the individual's contract of employment immediately before the transfer day have effect, on and after that day, as if they were terms and conditions of the individual's employment in the civil service of the State, subject to paragraph 4(1) and (2).

(3)All of the rights, powers, duties and liabilities of the LSC in connection with the individual's employment are transferred to the Crown on the transfer day, subject to paragraph 4(1) and (2).

(4)Anything done (or having effect as if done) before the transfer day—

(a)by or in relation to the LSC, and

(b)for the purposes of, or in connection with, anything transferred by virtue of sub-paragraphs (1) to (3),

is to have effect, so far as necessary for continuing its effect on and after that day, as if done by or in relation to the Crown.

(5)Anything which is in the process of being done immediately before the transfer day—

(a)by or in relation to the LSC, and

(b)for the purposes of, or in connection with, anything transferred by virtue of sub-paragraphs (1) to (3),

may be continued by or in relation to the Crown.

(6)A reference to the LSC in a document, including an enactment, constituting or relating to anything transferred by virtue of sub-paragraphs (1) to (3) is to have effect, so far as is necessary for giving effect to those sub-paragraphs, as a reference to the Crown.

Continuity of employmentE+W

2E+WA transfer under paragraph 1 does not break the continuity of the individual's employment and accordingly—

(a)the individual is not to be regarded for the purposes of Part 11 of the Employment Rights Act 1996 (redundancy) as having been dismissed by reason of that transfer, and

(b)the individual's period of employment with the LSC counts as a period of employment in the civil service of the State for the purposes of that Act.

Right to object to transferE+W

3(1)This paragraph has effect where, before the transfer day, an individual who is an employee of the LSC informs the LSC or the Lord Chancellor that the individual objects to becoming employed in the civil service of the State by virtue of paragraph 1(1).E+W

(2)Where this paragraph has effect—

(a)the individual does not become employed in the civil service of the State by virtue of paragraph 1(1),

(b)the rights, powers, duties and liabilities under the individual's contract of employment do not transfer by virtue of paragraph 1(3),

(c)the individual's contract of employment terminates immediately before the transfer day, and

(d)the individual is not to be treated, for any purpose, as having been dismissed by the LSC by reason of the termination of the contract under this paragraph.

Pension schemes and compensation schemesE+W

4(1)On and after the transfer day, the terms and conditions of employment of an individual who is employed in the civil service of the State by virtue of paragraph 1(1) do not include any term or condition that was part of the individual's contract of employment immediately before the transfer day and that relates to—E+W

(a)an occupational pension scheme,

(b)a compensation scheme, or

(c)rights, powers, duties or liabilities under or in connection with such a scheme.

(2)Accordingly, paragraph 1(3) does not apply in relation to rights, powers, duties or liabilities under or in connection with an occupational pension scheme or a compensation scheme.

(3)The Lord Chancellor may make one or more schemes providing for the transfer to the Lord Chancellor or the Secretary of State of the LSC's rights, powers, duties and liabilities under or in connection with—

(a)an occupational pension scheme, or

(b)a compensation scheme,

whether the rights, powers, duties and liabilities arise under the occupational pension scheme or compensation scheme, under an enactment, under a contract of employment or otherwise.

(4)A transfer scheme may provide that anything done (or having effect as if done) before the day on which the transfer scheme takes effect—

(a)by or in relation to the LSC, and

(b)for the purposes of, or in connection with, anything transferred by virtue of the transfer scheme,

is to have effect, so far as is necessary for continuing its effect on and after that day, as if done by or in relation to the transferee.

(5)A transfer scheme may provide that anything which is in the process of being done immediately before the day on which the transfer scheme takes effect—

(a)by or in relation to the LSC, and

(b)for the purposes of, or in connection with, anything transferred by virtue of the transfer scheme,

may be continued by or in relation to the transferee.

(6)A transfer scheme may provide that a reference to the LSC in a document, including an enactment, constituting or relating to anything transferred by virtue of the scheme is to have effect, so far as is necessary for giving effect to that scheme, as a reference to the transferee.

(7)A transfer scheme may, so far as is necessary for giving effect to that scheme, provide that an enactment that applies in relation to compensation schemes or occupational pension schemes applies to a compensation scheme or occupational pension scheme that is the subject of the transfer scheme, the members of such a scheme or the transferee with modifications specified in the transfer scheme.

(8)A transfer scheme may—

(a)amend or otherwise modify a compensation scheme that is the subject of the transfer scheme, and

(b)create, modify or remove rights, powers, duties or liabilities under or in connection with such a scheme.

(9)The powers under sub-paragraph (8) include power to amend or otherwise modify any instrument relating to the constitution, management or operation of a compensation scheme.

(10)Transfer schemes amending or otherwise modifying a compensation scheme have effect in spite of any provision (of any nature) which would otherwise prevent or restrict the amendment or modification.

(11)A transfer scheme may include consequential, incidental, supplementary, transitional, transitory and saving provision.

[F72(11A)Where an individual—

(a)was a member of a relevant LSC scheme immediately before the transfer day,

(b)had been a member of that scheme immediately before 1 April 2012, and

(c)becomes, on or after the transfer day, a member of a civil service scheme by virtue of employment in the civil service of the State,

the individual is to be regarded, for the purposes of section 18(5) of the Public Service Pensions Act 2013 (transitional protection under existing schemes), as having been a member of the civil service scheme immediately before 1 April 2012.

(11B)In sub-paragraph (11A)—

(a)relevant LSC scheme” means a scheme made or treated as made under paragraph 10(1) of Schedule 1 to the Access to Justice Act 1999;

(b)civil service scheme” means a scheme under section 1 of the Superannuation Act 1972.]

(12)In this paragraph—

  • compensation scheme” means so much of any scheme as makes provision for payment by way of compensation on or in respect of termination of employment;

  • occupational pension scheme” has the same meaning as in the Pension Schemes Act 1993;

  • transfer scheme” means a scheme made under sub-paragraph (3).

Power to merge LSC occupational pension schemesE+W

5(1)The Lord Chancellor may make a scheme providing for the merger of LSC occupational pension schemes.E+W

(2)A scheme under this paragraph may in particular—

(a)provide for the assets and liabilities of one LSC occupational pension scheme to become assets and liabilities of another,

(b)create, modify or remove rights, powers, duties or liabilities under or in connection with an LSC occupational pension scheme,

(c)provide for the winding up of an LSC occupational pension scheme,

(d)provide for references to one LSC occupational pension scheme in a document, including an enactment, to have effect as references to another, and

(e)include consequential, incidental, supplementary, transitional, transitory and saving provision.

(3)A scheme under this paragraph may in particular amend or otherwise modify—

(a)the trust deed of an LSC occupational pension scheme,

(b)rules of an LSC occupational pension scheme, and

(c)any other instrument relating to the constitution, management or operation of an LSC occupational pension scheme.

(4)A scheme under this paragraph must ensure that the merger of the LSC occupational pension schemes does not, to any extent, deprive members of the LSC occupational pension schemes, or other beneficiaries under those schemes, of rights that accrue to them under those schemes before the merger takes effect.

(5)Subject to sub-paragraph (4), a scheme under this paragraph has effect in spite of any provision (of any nature) which would otherwise prevent the merger of the LSC occupational pension schemes.

(6)In this paragraph—

  • LSC occupational pension scheme” means an occupational pension scheme under which—

    (a)

    the LSC has rights, powers, duties or liabilities, or

    (b)

    the Lord Chancellor or the Secretary of State has rights, powers, duties or liabilities by virtue of a scheme under paragraph 4(3);

  • occupational pension scheme” has the same meaning as in the Pension Schemes Act 1993.

Part 2 E+WTransfer of property etc

Transfer of interests in landE+W

6(1)The LSC's interests in land are by virtue of this sub-paragraph transferred to the Secretary of State for Communities and Local Government on the transfer day.E+W

(2)Anything done (or having effect as if done) before the transfer day—

(a)by or in relation to the LSC, and

(b)for the purposes of, or in connection with, anything transferred by virtue of sub-paragraph (1),

is to have effect, so far as is necessary for continuing its effect on and after that day, as if done by or in relation to the Secretary of State for Communities and Local Government.

(3)Anything which is in the process of being done immediately before the transfer day—

(a)by or in relation to the LSC, and

(b)for the purposes of, or in connection with, anything transferred by virtue of sub-paragraph (1),

may be continued by or in relation to the Secretary of State for Communities and Local Government.

(4)A reference to the LSC in a document, including an enactment, constituting or relating to anything transferred by virtue of sub-paragraph (1) is to have effect, so far as is necessary for giving effect to that sub-paragraph, as a reference to the Secretary of State for Communities and Local Government.

(5)In this paragraph—

  • interest in land” means—

    (a)

    an estate or interest in land, and

    (b)

    any rights, powers, duties or liabilities of the LSC in connection with such an estate or interest,

  • but does not include a charge on an estate or interest in land;

  • land” includes buildings and other structures.

Transfer of other property, rights and liabilitiesE+W

7(1)The property, rights, powers, duties and liabilities of the LSC are by virtue of this sub-paragraph transferred to the Lord Chancellor on the transfer day.E+W

(2)Sub-paragraph (1) does not apply to—

(a)property, rights, powers, duties and liabilities transferred by virtue of paragraph 1 or 6, or

(b)rights, powers, duties and liabilities described in paragraph 4(3).

(3)Anything done (or having effect as if done) before the transfer day—

(a)by or in relation to the LSC, and

(b)for the purposes of, or in connection with, anything transferred by virtue of sub-paragraph (1),

is to have effect, so far as is necessary for continuing its effect on and after that day, as if done by or in relation to the Lord Chancellor.

(4)Anything which is in the process of being done immediately before the transfer day—

(a)by or in relation to the LSC, and

(b)for the purposes of, or in connection with, anything transferred by virtue of sub-paragraph (1),

may be continued by or in relation to the Lord Chancellor.

(5)A reference to the LSC in a document, including an enactment, constituting or relating to anything transferred by virtue of sub-paragraph (1) is to have effect, so far as is necessary for giving effect to that sub-paragraph, as a reference to the Lord Chancellor.

Part 3 E+WSupplementary

Disapplying restrictions on transferE+W

8E+WParagraphs 1, 6 and 7 and schemes under paragraph 4 have effect in relation to property, rights, powers, duties and liabilities in spite of any provision (of any nature) which would otherwise prevent or restrict their transfer.

CertificateE+W

9E+WA certificate issued by the Lord Chancellor stating that anything specified in the certificate has vested in a person specified in the certificate by virtue of any of paragraphs 1, 6 and 7 or a scheme under paragraph 4 is conclusive evidence of that fact for all purposes.

ValidityE+W

10E+WThe transfer of property, rights, powers, duties or liabilities by any of paragraphs 1, 6 and 7 or a scheme under paragraph 4 does not affect the validity of anything done by or in relation to the LSC before that paragraph or scheme has effect.

Power to make further provisionE+W

11(1)The Lord Chancellor may by regulations make consequential, supplementary, incidental, transitional, transitory or saving provision in connection with—E+W

(a)transfers effected by this Schedule, or

(b)schemes made under this Schedule.

(2)The regulations may, in particular, include provision modifying an enactment (whenever passed or made), including this Schedule.

InterpretationE+W

12(1)In this Schedule—E+W

  • the LSC” means the Legal Services Commission;

  • the transfer day” means the day on which section 38(1) comes into force (subject to regulations under sub-paragraph (2));

  • enactment” means an enactment contained in an Act or an instrument made under an Act (and “Act” includes an Act or Measure of the National Assembly for Wales).

(2)The Lord Chancellor may by regulations amend or otherwise modify the definition of “the transfer day” in sub-paragraph (1).

Section 39

SCHEDULE 5E+WLegal aid: consequential amendments

Part 1 E+WAmendments

Public Records Act 1958 (c. 51)E+W

1E+WIn Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 1 of the Table at the end of paragraph 3, in the second column omit “Legal Services Commission.”

Parliamentary Commissioner Act 1967 (c. 13)E+W

2E+WIn Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) omit “Legal Services Commission.”

Criminal Appeal Act 1968 (c. 19)E+W

3E+WIn section 50 of the Criminal Appeal Act 1968 (meaning of “sentence”), in subsection (3) for “under section 17 of the Access to Justice Act 1999” substitute “ relating to a requirement to make a payment under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

Children and Young Persons Act 1969 (c. 54)E+W

4(1)Section 23(5A) of the Children and Young Persons Act 1969 (restrictions on imposing security requirement on child or young person who is not legally represented) is amended as follows.E+W

(2)In paragraph (a)—

(a)for the words from the beginning to “but the right” substitute “ representation was provided to the child or young person under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 for the purposes of the proceedings but ”, and

(b)for “to be granted such a right” substitute “ for such representation ”.

(3)In paragraph (aa) for “to be granted a right to it” substitute “ for such representation ”.

5(1)In section 23 of that Act as it has effect pursuant to section 98 of the Crime and Disorder Act 1998 (restrictions on remand of boy who is not legally represented), subsection (4A) is amended as follows.E+W

(2)In paragraph (a)—

(a)for the words from the beginning to “but the right” substitute “ representation was provided to the person under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 for the purposes of the proceedings but ”, and

(b)for “to be granted such a right” substitute “ for such representation ”.

(3)In paragraph (aa) for “to be granted a right to it” substitute “ for such representation ”.

Attachment of Earnings Act 1971 (c. 32)E+W

6E+WIn section 1(3)(c) of the Attachment of Earnings Act 1971 (cases in which magistrates' court may make attachment of earnings order) for the words from “paid by” to the end substitute “ paid under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

Solicitors Act 1974 (c. 47)E+W

7E+WThe Solicitors Act 1974 is amended as follows.

8(1)Section 47 (jurisdiction and powers of Tribunal) is amended as follows.E+W

(2)In subsections (2)(d), (2B) and (2D) for “providing representation funded by the Legal Services Commission as part of the Criminal Defence Service” substitute “ criminal legal aid work ”.

(3)In subsection (2A)—

(a)for “providing representation” substitute “ criminal legal aid work ”, and

(b)for “funded by the Legal Services Commission as part of the Community Legal Service or Criminal Defence Service” substitute “ provided under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

(4)After subsection (3B) insert—

(3C)In this section “criminal legal aid work” means the provision under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 of—

(a)advice or assistance described in section 13 or 15 of that Act, or

(b)representation for the purposes of criminal proceedings.

9E+WIn section 49(3) (appeals from Tribunal) for “providing representation funded by the Legal Services Commission as part of the Criminal Defence Service” substitute “ criminal legal aid work (as defined in that section) ”.

House of Commons Disqualification Act 1975 (c. 24)E+W

10E+WIn Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) omit “The Legal Services Commission.”

Northern Ireland Assembly Disqualification Act 1975 (c. 25)E+W

11E+WIn Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) omit “The Legal Services Commission.”

Magistrates' Courts Act 1980 (c. 43)E+W

12E+WThe Magistrates' Courts Act 1980 is amended as follows.

13E+WIn section 8(4) (matters which may be contained in report of committal proceedings without an order) for paragraph (i) substitute—

(i)whether, for the purposes of the proceedings, representation was provided to the accused or any of the accused under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

14E+WIn section 8A(5) (power to make ruling at pre-trial hearing)—

(a)in paragraph (a) for the words from “to be granted” to “Criminal Defence Service” substitute “ to be provided with representation for the purposes of the proceedings under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”, and

(b)in paragraph (b) for “the Legal Services Commission must decide whether or not to grant him that right” substitute “ the necessary arrangements must be made for him to apply for it and, where appropriate, obtain it ”.

15E+WIn section 8C(7) (matters to which reporting restrictions do not apply) for paragraph (g) substitute—

(g)whether, for the purposes of the proceedings, representation was provided to the accused or any of the accused under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

16E+WIn section 92(1)(b) (exception to restriction on power to impose imprisonment for default) for the words from “under section 17(2)” to “criminal case” substitute “ made by a court under regulations under section 23 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (payment by individual in respect of legal aid) ”.

17E+WIn section 130(3) (powers of alternate court on transfer of remand hearing) for the words from “all the powers” to end substitute all of the following powers which that court would have had but for the order—

(a)powers in relation to further remand (whether in custody or on bail), and

(b)powers under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

18E+WIn section 145A(4) (rules about costs orders against legal representatives) for “the Legal Services Commission” substitute “ the Lord Chancellor under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

Senior Courts Act 1981 (c. 54)E+W

19E+WThe Senior Courts Act 1981 is amended as follows.

20E+WIn section 28(4) (appeals from Crown Court and inferior courts) for “an order under section 17 of the Access to Justice Act 1999” substitute “ a requirement to make a payment under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

21E+WIn section 29(6) (mandatory, prohibiting and quashing orders) for “orders under section 17 of the Access to Justice Act 1999” substitute “ requirements to make payments under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

Prosecution of Offences Act 1985 (c. 23)E+W

22E+WPart 2 of the Prosecution of Offences Act 1985 (costs in criminal cases) is amended as follows.

23E+WIn section 19(2)(b) (matters of which account to be taken when making order as to costs) for “any grant of a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service” substitute “ of whether, for the purposes of the proceedings, representation has been provided under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

24E+WIn section 20(2) (regulations) for “by the Legal Services Commission or out of central funds” substitute “ by the Lord Chancellor under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 or out of central funds in accordance with a costs order ”.

25(1)Section 21 (interpretation) is amended as follows.E+W

(2)In subsection (1), in the definition of “legally assisted person” for the words from “to whom” to the end of the definition substitute “ for whom advice, assistance or representation is provided under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

(3)In subsection (4A)(a) for the words from “not” to “Service” substitute “ not to include the cost of advice, assistance or representation provided to the person under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

(4)In subsection (4A)(b) for the words from “the cost” to the end substitute “ the cost of such advice, assistance or representation ”.

Child Abduction and Custody Act 1985 (c. 60)E+W

26E+WIn section 11 of the Child Abduction and Custody Act 1985 (cost of applications for child custody or access), for paragraph (a) (but not the “or” following it) substitute—

(a)the provision of any civil legal services (within the meaning of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012) under arrangements made for the purposes of that Part of that Act,.

Administration of Justice Act 1985 (c. 61)E+W

27E+WPart 3 of the Administration of Justice Act 1985 (legal aid) is amended as follows.

28E+WIn section 40(1) (legal aid complaints) for the words from “funded by” to “Criminal Defence Service” substitute “ under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

29E+WIn section 41(2) (reduction of fees payable where legal aid complaint made)—

(a)for “Legal Services Commission” substitute “ Lord Chancellor ”, and

(b)for “by him as part of the Community Legal Service or Criminal Defence Service” substitute “ by the barrister under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

30(1)Section 42 (exclusion of barristers from legal aid work) is amended as follows.E+W

(2)In subsections (1) and (3) for “providing representation funded by the Legal Services Commission as part of the Criminal Defence Service” substitute “ criminal legal aid work ”.

(3)At the end insert—

(5)In this section “criminal legal aid work” means the provision under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 of—

(a)advice or assistance described in section 13 or 15 of that Act, or

(b)representation for the purposes of criminal proceedings.

31E+WIn section 43(3) (reduction of costs payable where legal aid complaint made)—

(a)for “Legal Services Commission” substitute “ Lord Chancellor ”, and

(b)for “as part of the Community Legal Service or Criminal Defence Service” substitute “ under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

32E+WIn paragraph 20(1) of Schedule 2 (powers of Tribunal in respect of legal aid complaints) for “providing representation funded by the Legal Services Commission as part of the Criminal Defence Service” substitute “ criminal legal aid work (as defined in that section) ”.

Housing Act 1985 (c. 68)E+W

33E+WIn section 170(5) of the Housing Act 1985 (charges to recover costs of assistance in legal proceedings)—

(a)for “section 10(7) of the Access to Justice Act 1999” substitute “ section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”, and

(b)for “Legal Services Commission” substitute “ Lord Chancellor ”.

Criminal Justice Act 1987 (c. 38)E+W

34E+WThe Criminal Justice Act 1987 is amended as follows.

35E+WIn section 4(1) (notices of transfer to Crown Court) for “paragraph 2 of Schedule 3 to the Access to Justice Act 1999” substitute “ regulations under section 19 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

36E+WIn section 11(12) (matters to which reporting restrictions do not apply) for paragraph (h) substitute—

(h)whether, for the purposes of the proceedings, representation was provided to the accused or any of the accused under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Housing Act 1988 (c. 50)E+W

37E+WIn section 82(4) of the Housing Act 1988 (charges to recover costs of assistance in legal proceedings)—

(a)for “section 10(7) of the Access to Justice Act 1999” substitute “ section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”, and

(b)for “Legal Services Commission” substitute “ Lord Chancellor ”.

Children Act 1989 (c. 41)E+W

38E+WIn section 25(6) of the Children Act 1989 (child without legal representation not to be placed in secure accommodation without having been informed of right to apply for legal aid), for the words from “representation” to “Criminal Defence Service” substitute “ the provision of representation under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

Courts and Legal Services Act 1990 (c. 41)E+W

39(1)Section 31B of the Courts and Legal Services Act 1990 (advocates and litigators employed by Legal Services Commission) is amended as follows.E+W

(2)In the heading of the section for “Legal Services Commission” substitute “ Lord Chancellor ”.

(3)In subsection (1) for paragraph (b) substitute—

(b)is employed by the Lord Chancellor, or by any body established and maintained by the Lord Chancellor, under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Criminal Justice Act 1991 (c. 53)E+W

40E+WIn section 53(3) of the Criminal Justice Act 1991 (effect of notices transferring certain cases involving children) for “paragraph 2 of Schedule 3 to the Access to Justice Act 1999” substitute “ regulations under section 19 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

Social Security Administration Act 1992 (c. 5)E+W

41(1)Section 108(7) of the Social Security Administration Act 1992 is amended as follows.E+W

(2)For “Legal Services Commission”, in the first place, substitute “ Lord Chancellor ”.

(3)In paragraph (a)—

(a)at the end of sub-paragraph (iii) for “and” substitute “ or ”, and

(b)after that sub-paragraph insert—

(iv)was provided with civil legal services (within the meaning of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012) under arrangements made for the purposes of that Part of that Act; and.

(4)In paragraph (b) after sub-paragraph (iii) insert or

(iv)under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 in respect of civil legal services (within the meaning of Part 1 of that Act) provided under arrangements made for the purposes of that Part of that Act,.

Criminal Procedure and Investigations Act 1996 (c. 25)E+W

42E+WIn section 37(9) of the Criminal Procedure and Investigations Act 1996 (matters to which reporting restrictions do not apply) for paragraph (g) substitute—

(g)whether, for the purposes of the proceedings, representation was provided to the accused or any of the accused under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Family Law Act 1996 (c. 27)E+W

F7343E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7344E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7345E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Crime and Disorder Act 1998 (c. 37)E+W

46E+WThe Crime and Disorder Act 1998 is amended as follows.

47(1)Section 50 (early administrative hearings) is amended as follows.E+W

(2)In subsection (2)—

(a)after “this section” insert

(a)”, and

(b)for the words from “to be granted” to the end substitute to be provided with representation for the purposes of the proceedings under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and

(b)if he indicates that he does, the necessary arrangements must be made for him to apply for it and, where appropriate, obtain it.

(3)Omit subsection (2A).

48E+WIn section 51B(6)(b) (effect of notice given under section 51B in serious or complex fraud cases) for “paragraph 2 of Schedule 3 to the Access to Justice Act 1999” substitute “ regulations under section 19 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

49E+WIn section 52A(7) (matters to which reporting restrictions do not apply) for paragraph (h) substitute—

(h)whether, for the purposes of the proceedings, representation was provided to the accused or any of the accused under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

50E+WIn paragraph 3(8) of Schedule 3 (matters to which reporting restrictions do not apply) for paragraph (g) substitute—

(g)whether, for the purposes of the proceedings, representation was provided to the accused or any of the accused under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Access to Justice Act 1999 (c. 22)E+W

51E+WIn the Access to Justice Act 1999 omit—

(a)sections 1 to 26 and Schedules 1 to 3A (legal aid), and

(b)Part 2 of Schedule 14 (transitional provision: Legal Services Commission).

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)E+W

F7452E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7453E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7454E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Freedom of Information Act 2000 (c. 36)E+W

55E+WIn Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities) omit “The Legal Services Commission.”

International Criminal Court Act 2001 (c. 17)E+W

56E+WIn section 6(2)(c) of the International Criminal Court Act 2001 (supplementary provisions as to proceedings before competent court) for “Access to Justice Act 1999 (c.22) (advice, assistance and representation)” substitute “ Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

Anti-terrorism, Crime and Security Act 2001 (c. 24)E+W

57E+WIn Schedule 4 to the Anti-terrorism, Crime and Security Act 2001 (extension of disclosure powers)—

(a)omit paragraph 47, and

(b)after paragraph 53D insert—

53ESections 34(2) and 35 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Proceeds of Crime Act 2002 (c. 29)E+W

58E+WThe Proceeds of Crime Act 2002 is amended as follows.

59E+WIn section 245C(6)(b) (exclusion from property freezing order or prohibition on dealing with property to which order applies) for “funded by the Legal Services Commission or” substitute “ made available under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 or funded by ”.

60E+WIn section 252(4A)(b) (exclusion from restriction on dealing with property) for “funded by the Legal Services Commission or” substitute “ made available under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 or funded by ”.

Communications Act 2003 (c. 21)E+W

61E+WIn section 119(7)(a) of the Communications Act 2003 (charges to recover costs of assistance in proceedings)—

(a)for “section 10(7) of the Access to Justice Act 1999 (c.22)” substitute “ section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”, and

(b)for “Legal Services Commission” substitute “ Lord Chancellor ”.

Extradition Act 2003 (c. 41)E+W

62E+WThe Extradition Act 2003 is amended as follows.

63E+WIn section 45(7) (consent to extradition) for paragraph (a) substitute—

(a)in England and Wales, representation for the purposes of criminal proceedings provided under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012;.

64E+WIn section 127(8) (consent to extradition: general) for paragraph (a) substitute—

(a)in England and Wales, representation for the purposes of criminal proceedings provided under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012;.

Criminal Justice Act 2003 (c. 44)E+W

65E+WIn section 71(8) of the Criminal Justice Act 2003 (matters to which reporting restrictions do not apply) for paragraph (g) substitute—

(g)whether, for the purposes of the proceedings, representation was provided to the defendant or any of the defendants under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Domestic Violence, Crime and Victims Act 2004 (c. 28)E+W

66E+WIn Schedule 9 to the Domestic Violence, Crime and Victims Act 2004 (authorities within remit of Commissioner for Victims and Witnesses) omit paragraph 21 (Legal Services Commission).

Equality Act 2006 (c. 3)E+W

67E+WIn section 29(3) of the Equality Act 2006 (costs of Equality and Human Rights Commission in providing legal assistance) for “section 11(4)(f) of the Access to Justice Act 1999 (c. 22) (recovery of costs in funded cases)” substitute “ section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (statutory charge in connection with civil legal aid) ”.

Legal Services Act 2007 (c. 29)E+W

68E+WIn section 194(6) of the Legal Services Act 2007 (payments in respect of pro bono representation) for paragraph (b) substitute—

(b)provided under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Criminal Justice and Immigration Act 2008 (c. 4)E+W

F7569E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Equality Act 2010 (c. 15)E+W

70E+WIn Part 1 of Schedule 19 to the Equality Act 2010 (public authorities) omit“The Legal Services Commission.”

Terrorist Asset-Freezing etc Act 2010 (c. 38)E+W

F7671E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2E+WRepeals consequential on Part 1 of this Schedule

Short title and chapterExtent of repeal
Legal Aid Act 1988 (c. 34)In Schedule 5, paragraph 13.
Access to Justice Act 1999 (c. 22)

In Schedule 4—

(a)

paragraph 1;

(b)

paragraph 8;

(c)

paragraphs 10 to 12;

(d)

paragraphs 15 to 19;

(e)

paragraphs 29 and 30(2) and (3)(a);

(f)

paragraph 33;

(g)

paragraph 35;

(h)

paragraphs 38 to 40;

(i)

paragraph 45;

(j)

paragraph 47;

(k)

paragraph 49;

(l)

F77...

(m)

paragraph 55.

Terrorism Act 2000 (c. 11)In Schedule 15, paragraph 19.
Child Support, Pensions and Social Security Act 2000 (c. 19)In Schedule 8, paragraph 15.
Criminal Defence Service (Advice and Assistance) Act 2001 (c. 4)The whole Act.
Anti-terrorism, Crime and Security Act 2001 (c. 24)Section 2(1) to (3).
Proceeds of Crime Act 2002 (c. 29)In Schedule 11, paragraph 36.
Adoption and Children Act 2002 (c. 38)In Schedule 3, paragraph 102.
Nationality, Immigration and Asylum Act 2002 (c. 41)Section 116.
Extradition Act 2003 (c. 41)Section 182.
Criminal Justice Act 2003 (c. 44)In Schedule 26, paragraph 51.
Civil Partnership Act 2004 (c. 33)In Schedule 27, paragraph 156.
Constitutional Reform Act 2005 (c. 4)In Schedule 9, paragraph 68(3).
Mental Capacity Act 2005 (c. 9)In Schedule 6, paragraph 44.
Criminal Defence Service Act 2006 (c. 9)Sections 1 to 3.
Section 4(1).
Serious Crime Act 2007 (c. 27)In Schedule 8, paragraph 159.
Legal Services Act 2007 (c. 29)In Schedule 16, paragraphs 51(4) and 108(c).
In Schedule 21, paragraph 128.
Criminal Justice and Immigration Act 2008 (c. 4)Sections 56 to 58.
Human Fertilisation and Embryology Act 2008 (c. 22)Schedule 6, paragraph 38.
Coroners and Justice Act 2009 (c. 25)Section 51.
Sections 149 to 153.
Schedule 18.
Policing and Crime Act 2009 (c. 26)In Schedule 7, paragraphs 65 and 98.

Textual Amendments

Section 40

SCHEDULE 6E+W+N.I.Northern Ireland: information about financial resources

Obtaining informationE+W+N.I.

1(1)The relevant authority may make an information request to—E+W+N.I.

(a)the Secretary of State,

(b)a relevant Northern Ireland Department, or

(c)the Commissioners for Her Majesty's Revenue and Customs (“the Commissioners”).

(2)An information request may be made under this paragraph only for the purposes of facilitating a determination about an individual's financial resources for the purposes of —

(a)the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)), or

(b)the Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435) (N.I. 10)).

(3)An information request made to the Secretary of State or a relevant Northern Ireland Department under this paragraph may request the disclosure of some or all of the following information—

(a)a relevant individual's full name and any previous names;

(b)a relevant individual's address and any previous addresses;

(c)a relevant individual's date of birth;

(d)a relevant individual's national insurance number;

(e)a relevant individual's benefit status at a time specified in the request;

(f)information of a prescribed description.

(4)An information request made to the Commissioners under this paragraph may request the disclosure of some or all of the following information—

(a)whether or not a relevant individual is employed or was employed at a time specified in the request;

(b)the name and address of the employer;

(c)whether or not a relevant individual is carrying on a business, trade or profession or was doing so at a time specified in the request;

(d)the name under which it is or was carried on;

(e)the address of any premises used for the purposes of carrying it on;

(f)a relevant individual's national insurance number;

(g)a relevant individual's benefit status at a time specified in the request;

(h)information of a prescribed description.

(5)The information that may be prescribed under sub-paragraphs (3)(f) and (4)(h) includes, in particular, information relating to—

(a)prescribed income of a relevant individual for a prescribed period, and

(b)prescribed capital of a relevant individual.

(6)Information may not be prescribed under sub-paragraph (4)(h) without the Commissioners' consent.

(7)The Secretary of State, the relevant Northern Ireland Departments and the Commissioners may disclose to the relevant authority information specified in an information request made under this paragraph.

(8)In this paragraph—

  • benefit status”, in relation to an individual, means whether or not the individual is in receipt of a prescribed benefit or benefits and, if so—

    (a)

    which benefit or benefits the individual is receiving,

    (b)

    whether the individual is entitled to the benefit or benefits alone or jointly,

    (c)

    in prescribed cases, the amount the individual is receiving by way of the benefit (or each of the benefits) (“the benefit amount”), and

    (d)

    in prescribed cases, where the benefit consists of a number of elements, what those elements are and the amount included in respect of each element in calculating the benefit amount;

  • financial resources”, in relation to an individual, includes an individual's means, disposable income and disposable capital;

  • the relevant authority” means—

    (a)

    a prescribed person, or

    (b)

    in relation to circumstances for which no person is prescribed, [F78the Director of Legal Aid Casework designated under section 2 of the Legal Aid and Coroners' Courts Act (Northern Ireland) 2014];

  • a relevant individual”, in relation to an information request under this paragraph for the purposes of a determination about an individual's financial resources, means—

    (a)

    that individual, and

    (b)

    any other individual whose financial resources are or may be relevant for the purposes of the determination;

  • relevant Northern Ireland Department” means the Department for Social Development in Northern Ireland or the Department of Finance and Personnel in Northern Ireland.

Textual Amendments

Restrictions on disclosing informationE+W+N.I.

2(1)A person to whom information is disclosed under paragraph 1 of this Schedule or this sub-paragraph may disclose the information to any person to whom its disclosure is necessary or expedient in connection with facilitating a determination described in paragraph 1(2).E+W+N.I.

(2)A person to whom such information is disclosed must not—

(a)disclose the information other than in accordance with sub-paragraph (1), or

(b)use the information other than for the purpose of facilitating a determination described in paragraph 1(2).

(3)Sub-paragraph (2) does not prevent—

(a)the disclosure of information in accordance with an enactment or an order of a court,

(b)the disclosure of information for the purposes of the investigation or prosecution of an offence (or suspected offence) under the law of England and Wales or Northern Ireland or any other jurisdiction, except as otherwise prescribed,

(c)the disclosure of information for the purposes of instituting, or otherwise for the purposes of, proceedings before a court, or

(d)the disclosure of information which has previously been lawfully disclosed to the public.

(4)A person who discloses or uses information in contravention of this paragraph is guilty of an offence and liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both);

(b)on summary conviction—

(i)in England and Wales, to imprisonment for a term not exceeding [F79the general limit in a magistrates’ court] or a fine not exceeding the statutory maximum (or both), and

(ii)in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both).

(5)It is a defence for a person charged with an offence under this paragraph to prove that the person reasonably believed that the disclosure or use was lawful.

(6)In this paragraph “enactment” includes—

(a)an enactment contained subordinate legislation (within the meaning of the Interpretation Act 1978), and

(b)an enactment contained in, or in an instrument made under, an Act or Measure of the National Assembly for Wales or Northern Ireland legislation.

(7)In relation to an offence under this paragraph committed before [F802 May 2022], the reference in sub-paragraph (4)(b)(i) to [F81the general limit in a magistrates’ court] has effect as if it were a reference to 6 months.

Power to make consequential and supplementary provision etcE+W+N.I.

3(1)The Department of Justice in Northern Ireland may by regulations make consequential, supplementary, incidental or transitional provision in relation to this Schedule extending to Northern Ireland.E+W+N.I.

(2)The regulations may, in particular—

(a)amend, repeal, revoke or otherwise modify Northern Ireland legislation passed before this Schedule comes into force or an instrument made under such legislation, and

(b)include transitory or saving provision.

RegulationsE+W+N.I.

4(1)In this Schedule “prescribed” means prescribed by regulations made by the Department of Justice in Northern Ireland.E+W+N.I.

(2)The powers under this Schedule to make regulations are exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(3)Regulations under this Schedule are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954, subject to sub-paragraph (4).

(4)The following regulations may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly—

(a)the first regulations under paragraph 1, and

(b)regulations under paragraph 3 that amend or repeal Northern Ireland legislation (whether alone or with other provision).

(5)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (4) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment (as defined in that Act).

(6)Subsections (1) to (3) of section 41 of this Act apply in relation to regulations made under paragraph 1 or 2 of this Schedule as they apply in relation to regulations made by the Lord Chancellor under this Part.

Section 62

SCHEDULE 7E+WCosts in criminal cases

Part 1 E+WProsecution of Offences Act 1985

IntroductionE+W

1E+WThe Prosecution of Offences Act 1985 is amended as follows.

Defence costsE+W

2(1)Section 16 (defence costs) is amended as follows.E+W

(2)After subsection (6) insert—

(6A)Where the court considers that there are circumstances that make it inappropriate for the accused to recover the full amount mentioned in subsection (6), a defendant's costs order must be for the payment out of central funds of such lesser amount as the court considers just and reasonable.

(6B)Subsections (6) and (6A) have effect subject to—

(a)section 16A, and

(b)regulations under section 20(1A)(d).

(6C)When making a defendant's costs order, the court must fix the amount to be paid out of central funds in the order if it considers it appropriate to do so and—

(a)the accused agrees the amount, or

(b)subsection (6A) applies.

(6D)Where the court does not fix the amount to be paid out of central funds in the order—

(a)it must describe in the order any reduction required under subsection (6A), and

(b)the amount must be fixed by means of a determination made by or on behalf of the court in accordance with procedures specified in regulations made by the Lord Chancellor.

(3)Omit subsections (7) and (9).

Legal costsE+W

3E+WAfter section 16 insert—

16ALegal costs

(1)A defendant's costs order may not require the payment out of central funds of an amount that includes an amount in respect of the accused's legal costs, subject to the following provisions of this section.

(2)Subsection (1) does not apply where condition A, B or C is met.

(3)Condition A is that the accused is an individual and the order is made under—

(a)section 16(1),

(b)section 16(3), or

(c)section 16(4)(a)(ii) or (iii) or (d).

(4)Condition B is that the accused is an individual and the legal costs were incurred in proceedings in a court below which were—

(a)proceedings in a magistrates' court, or

(b)proceedings on an appeal to the Crown Court under section 108 of the Magistrates' Courts Act 1980 (right of appeal against conviction or sentence).

(5)Condition C is that the legal costs were incurred in proceedings in the Supreme Court.

(6)The Lord Chancellor may by regulations make provision about exceptions from the prohibition in subsection (1), including—

(a)provision amending this section by adding, modifying or removing an exception, and

(b)provision for an exception to arise where a determination has been made by a person specified in the regulations.

(7)Regulations under subsection (6) may not remove or limit the exception provided by condition C.

(8)Where a court makes a defendant's costs order requiring the payment out of central funds of an amount that includes an amount in respect of legal costs, the order must include a statement to that effect.

(9)Where, in a defendant's costs order, a court fixes an amount to be paid out of central funds that includes an amount in respect of legal costs incurred in proceedings in a court other than the Supreme Court, the latter amount must not exceed an amount specified by regulations made by the Lord Chancellor.

(10)In this section—

  • legal costs” means fees, charges, disbursements and other amounts payable in respect of advocacy services or litigation services including, in particular, expert witness costs;

  • advocacy services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right of audience in relation to any proceedings, or contemplated proceedings, to provide;

  • expert witness costs” means amounts payable in respect of the services of an expert witness, including amounts payable in connection with attendance by the witness at court or elsewhere;

  • litigation services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right to conduct litigation in relation to proceedings, or contemplated proceedings, to provide.

Prosecution costsE+W

4(1)Section 17 (prosecution costs) is amended as follows.E+W

(2)In subsection (1) for “subsection (2)” substitute “ subsections (2) and (2A) ”.

(3)After subsection (2) insert—

(2A)Where the court considers that there are circumstances that make it inappropriate for the prosecution to recover the full amount mentioned in subsection (1), an order under this section must be for the payment out of central funds of such lesser amount as the court considers just and reasonable.

(2B)When making an order under this section, the court must fix the amount to be paid out of central funds in the order if it considers it appropriate to do so and—

(a)the prosecutor agrees the amount, or

(b)subsection (2A) applies.

(2C)Where the court does not fix the amount to be paid out of central funds in the order—

(a)it must describe in the order any reduction required under subsection (2A), and

(b)the amount must be fixed by means of a determination made by or on behalf of the court in accordance with procedures specified in regulations made by the Lord Chancellor.

(4)Omit subsections (3) and (4).

Costs of witnesses and appellants not in custodyE+W

5(1)Section 19 (provision for orders as to costs in other circumstances) is amended as follows.E+W

(2)After subsection (3) insert—

(3ZA)In relation to a sum that may be required by a court other than the Supreme Court to be paid out of central funds under regulations under subsection (3)—

(a)the requirement under that subsection for the sum to be such sum as the court considers reasonably necessary to cover or compensate for expenses, fees, costs, trouble or losses is subject to regulations made under section 20(1A)(d), and

(b)regulations under subsection (3) may make provision accordingly.

(3)After subsection (3C) insert—

(3D)Regulations under subsection (3) may make provision generally or only in relation to particular descriptions of persons, expenses, fees, costs, trouble or losses.

(4)After subsection (4) insert—

(4A)Subsection (4) has effect subject to regulations under section 20(1A)(d).

(4B)An order under subsection (4) may not require the payment out of central funds of a sum that includes a sum in respect of legal costs (as defined in section 16A), except where regulations made by the Lord Chancellor provide otherwise.

(4C)Regulations under subsection (4B) may, in particular, include—

(a)provision for an exception to arise where a determination has been made by a person specified in the regulations,

(b)provision requiring the court, when it orders the payment of a sum that includes a sum in respect of legal costs, to include a statement to that effect in the order, and

(c)provision that the court may not order the payment of a sum in respect of legal costs exceeding an amount specified in the regulations.

RegulationsE+W

6(1)Section 20 (regulations) is amended as follows.E+W

(2)In subsection (1) omit the words from “and the regulations” to the end.

(3)After that subsection insert—

(1A)The Lord Chancellor may by regulations—

(a)make provision as to the amounts that may be ordered to be paid out of central funds in pursuance of a costs order, whether by specifying rates or scales or by making other provision as to the calculation of the amounts,

(b)make provision as to the circumstances in which and conditions under which such amounts may be paid or ordered to be paid,

(c)make provision requiring amounts required to be paid out of central funds by a costs order to be calculated having regard to regulations under paragraphs (a) and (b),

(d)make provision requiring amounts required to be paid to a person out of central funds by a relevant costs order to be calculated in accordance with such regulations (whether or not that results in the fixing of an amount that the court considers reasonably sufficient or necessary to compensate the person), and

(e)make provision as to the review of determinations of amounts required to be paid out of central funds by costs orders.

(1B)In subsection (1A)(d) “relevant costs order” means a costs order other than—

(a)an order made by any court under section 17, and

(b)so much of a costs order made by the Supreme Court as relates to expenses, fees, costs, trouble or losses incurred in proceedings in that court.

(1C)Regulations under subsection (1A) may, in particular—

(a)make different provision in relation to amounts to be paid in respect of different expenses, fees, costs, trouble and losses,

(b)make different provision in relation to different costs orders and different areas, and

(c)make different provision in relation to the fixing of an amount in a costs order and the fixing of an amount by means of a determination.

(4)In subsection (3)—

(a)for “subsection (1)” substitute “ subsection (1A) ”,

(b)for “rates or scales of allowances” substitute “ provision as to the calculation of amounts ”, and

(c)after “order” insert “ (whether in the form of rates or scales or other provision) ”.

InterpretationE+W

7(1)Section 21 (interpretation) is amended as follows.E+W

(2)In subsection (4) after “16” insert “ , 16A ”.

(3)In subsection (4A)(a) after “16” insert “ , 16A ”.

SupplementaryE+W

8(1)Section 29 (regulations) is amended as follows.E+W

(2)For subsection (1) substitute—

(1)A power to make regulations under this Act is exercisable by statutory instrument.

(1A)A statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament, subject to subsection (1B).

(1B)A statutory instrument containing (whether alone or with other provision) regulations under section 16A(6) or 19(4B) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(3)In subsection (2) for “Any such regulations” substitute “ Regulations under this Act ”.

Part 2 E+WAttorney General's references

Reference of point of law following acquittal on indictmentE+W

9(1)Section 36 of the Criminal Justice Act 1972 (reference of point of law following acquittal on indictment) is amended as follows.E+W

(2)In subsection (5) omit “to his costs, that is to say”.

(3)Omit subsection (5A).

(4)After that subsection insert—

(5A)Subsection (5) has effect subject to—

(a)subsection (5B), and

(b)regulations under section 20(1A)(d) of the Prosecution of Offences Act 1985 (as applied by this section).

(5B)A person is not entitled under subsection (5) to the payment of sums in respect of legal costs (as defined in section 16A of the Prosecution of Offences Act 1985) incurred in proceedings in the Court of Appeal.

(5C)Subsections (1A) to (1C) and (3) of section 20 of the Prosecution of Offences Act 1985 (regulations as to amounts ordered to be paid out of central funds) apply in relation to amounts payable out of central funds under subsection (5) as they apply in relation to amounts payable out of central funds in pursuance of costs orders made under section 16 of that Act.

10E+WIn consequence of the amendments made by paragraph 9, omit paragraph 8 of Schedule 1 to the Prosecution of Offences Act 1985.

Reference of sentence of Crown Court appearing to be unduly lenientE+W

11(1)Schedule 3 to the Criminal Justice Act 1988 (reference of sentence of Crown Court appearing to be unduly lenient) is amended as follows.E+W

(2)In paragraph 11 (recovery of costs of representation)—

(a)number the existing provision sub-paragraph (1),

(b)in that sub-paragraph, omit “to his costs, that is to say”, and

(c)after that sub-paragraph insert—

(2)Sub-paragraph (1) has effect subject to—

(a)sub-paragraph (3), and

(b)regulations under section 20(1A)(d) of the Prosecution of Offences Act 1985 (as applied by this paragraph).

(3)A person is not entitled under sub-paragraph (1) to the payment of sums in respect of legal costs (as defined in section 16A of the Prosecution of Offences Act 1985) incurred in proceedings in the Court of Appeal.

(4)Subsections (1A) to (1C) and (3) of section 20 of the Prosecution of Offences Act 1985 (regulations as to amounts ordered to be paid out of central funds) apply in relation to funds payable out of central funds under sub-paragraph (1) as they apply in relation to amounts payable out of central funds in pursuance of costs orders made under section 16 of that Act.

(3)In paragraph 12 (application to Northern Ireland)—

(a)for “11”, in each place, substitute “ 11(1) ”, and

(b)after sub-paragraph (d) insert—

(e)paragraph 11 has effect as if sub-paragraphs (2) to (4) were omitted.

Part 3 E+WExtradition Act 2003

IntroductionE+W

12E+WThe Extradition Act 2003 is amended as follows.

Extradition to Category 1 TerritoriesE+W

13(1)Section 61 (costs where discharge ordered) is amended as follows.E+W

(2)After subsection (5) insert—

(5A)In England and Wales, an order under subsection (5) is to be made, and the appropriate amount is to be determined, in accordance with sections 62A and 62B.

(5B)In Scotland and Northern Ireland, an order under subsection (5) is to be made, and the appropriate amount is to be determined, in accordance with subsections (6) to (9).

14E+WIn section 62 (supplementary provision about costs where discharge ordered) omit subsections (1) and (2).

15E+WAfter section 62 insert—

62AAppropriate amount: England and Wales

(1)For the purposes of an order under section 61(5), the appropriate amount is such amount as the judge or court making the order considers reasonably sufficient to compensate the person in whose favour the order is made for any expenses properly incurred by the person in the proceedings under this Part.

(2)But if the judge or court considers that there are circumstances that make it inappropriate for the person to recover the full amount mentioned in subsection (1), the order under section 61(5) must be for the payment out of money provided by Parliament of such lesser amount as the judge or court considers just and reasonable.

(3)Subsections (1) and (2) have effect subject to—

(a)section 62B, and

(b)regulations under section 20(1A)(d) of the Prosecution of Offences Act 1985 (as applied by this section).

(4)When making an order under section 61(5), the judge or court must fix the amount to be paid out of money provided by Parliament in the order if the judge or court considers it appropriate to do so and—

(a)the person in whose favour the order is made agrees the amount, or

(b)subsection (2) applies.

(5)Where the judge or court does not fix the amount to be paid out of money provided by Parliament in the order—

(a)the judge or court must describe in the order any reduction required under subsection (2), and

(b)the amount must be fixed by means of a determination made by or on behalf of the judge or court in accordance with procedures specified in regulations made by the Lord Chancellor.

(6)Subsections (1A) to (1C) and (3) of section 20 of the Prosecution of Offences Act 1985 (regulations as to amounts ordered to be paid out of central funds) apply in relation to amounts payable out of money provided by Parliament in pursuance of an order under section 61 as they apply in relation to amounts payable out of central funds in pursuance of costs orders made under section 16 of that Act.

(7)This section extends to England and Wales only.

62BLegal costs: England and Wales

(1)An order under section 61(5) may not require the payment out of money provided by Parliament of an amount that includes an amount in respect of legal costs incurred by the person in whose favour the order is made, subject to the following provisions of this section.

(2)Subsection (1) does not apply in relation to legal costs incurred in—

(a)proceedings in a magistrates' court, or

(b)proceedings in the Supreme Court.

(3)The Lord Chancellor may by regulations make provision about exceptions from the prohibition in subsection (1), including—

(a)provision amending this section by adding, modifying or removing an exception, and

(b)provision for an exception to arise where a determination has been made by a person specified in the regulations.

(4)Regulations under subsection (3) may not remove or limit the exception provided by subsection (2)(b).

(5)Where a judge or court makes an order under section 61(5) requiring the payment out of money provided by Parliament of an amount that includes an amount in respect of legal costs, the order must include a statement to that effect.

(6)Where, in an order under section 61(5), a judge or court fixes an amount to be paid out of money provided by Parliament that includes an amount in respect of legal costs incurred in proceedings in a court other than the Supreme Court, the latter amount must not exceed an amount specified by regulations made by the Lord Chancellor.

(7)In this section—

  • legal costs” means fees, charges, disbursements and other amounts payable in respect of advocacy services or litigation services including, in particular, expert witness costs;

  • advocacy services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right of audience in relation to any proceedings, or contemplated proceedings, to provide;

  • expert witness costs” means amounts payable in respect of the services of an expert witness, including amounts payable in connection with attendance by the witness at court or elsewhere;

  • litigation services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right to conduct litigation in relation to proceedings, or contemplated proceedings, to provide.

(8)This section extends to England and Wales only.

Extradition to Category 2 TerritoriesE+W

16(1)Section 134 (costs where discharge ordered) is amended as follows.E+W

(2)After subsection (5) insert—

(5A)In England and Wales, an order under subsection (5) is to be made, and the appropriate amount is to be determined, in accordance with sections 135A and 135B.

(5B)In Scotland and Northern Ireland, an order under subsection (5) is to be made, and the appropriate amount is to be determined, in accordance with subsections (6) to (9).

17E+WIn section 135 (supplementary provision about costs where discharge ordered) omit subsections (1) and (2).

18E+WAfter section 135 insert—

135AAppropriate amount: England and Wales

(1)For the purposes of an order under section 134(5), the appropriate amount is such amount as the judge or court making the order considers reasonably sufficient to compensate the person in whose favour the order is made for any expenses properly incurred by the person in the proceedings under this Part.

(2)But if the judge or court considers that there are circumstances that make it inappropriate for the person to recover the full amount mentioned in subsection (1), the order under section 134(5) must be for the payment out of money provided by Parliament of such lesser amount as the judge or court considers just and reasonable.

(3)Subsections (1) and (2) have effect subject to—

(a)section 135B, and

(b)regulations under section 20(1A)(d) of the Prosecution of Offences Act 1985 (as applied by this section).

(4)When making an order under section 134(5), the judge or court must fix the amount to be paid out of money provided by Parliament in the order if the judge or court considers it appropriate to do so and—

(a)the person in whose favour the order is made agrees the amount, or

(b)subsection (2) applies.

(5)Where the judge or court does not fix the amount to be paid out of money provided by Parliament in the order—

(a)the judge or court must describe in the order any reduction required under subsection (2), and

(b)the amount must be fixed by means of a determination made by or on behalf of the court in accordance with procedures specified in regulations made by the Lord Chancellor.

(6)Subsections (1A) to (1C) and (3) of section 20 of the Prosecution of Offences Act 1985 (regulations as to amounts ordered to be paid out of central funds) apply in relation to amounts payable out of money provided by Parliament in pursuance of an order under section 134 as they apply in relation to amounts payable out of central funds in pursuance of costs orders made under section 16 of that Act.

(7)This section extends to England and Wales only.

135BLegal costs: England and Wales

(1)An order under section 134(5) may not require the payment out of money provided by Parliament of an amount that includes an amount in respect of legal costs incurred by the person in whose favour the order is made, subject to the following provisions of this section.

(2)Subsection (1) does not apply in relation to legal costs incurred in—

(a)proceedings in a magistrates' court, or

(b)proceedings in the Supreme Court.

(3)The Lord Chancellor may by regulations make provision about exceptions from the prohibition in subsection (1), including—

(a)provision amending this section by adding, modifying or removing an exception, and

(b)provision for an exception to arise where a determination has been made by a person specified in the regulations.

(4)Regulations under subsection (3) may not remove or limit the exception provided by subsection (2)(b).

(5)Where a judge or court makes an order under section 134(5) requiring the payment out of money provided by Parliament of an amount that includes an amount in respect of legal costs, the order must include a statement to that effect.

(6)Where, in an order under section 134(5), a judge or court fixes an amount to be paid out of money provided by Parliament that includes an amount in respect of legal costs incurred in proceedings in a court other than the Supreme Court, the latter amount must not exceed an amount specified by regulations made by the Lord Chancellor.

(7)In this section—

  • legal costs” means fees, charges, disbursements and other amounts payable in respect of advocacy services or litigation services including, in particular, expert witness costs;

  • advocacy services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right of audience in relation to any proceedings, or contemplated proceedings, to provide;

  • expert witness costs” means amounts payable in respect of the services of an expert witness, including amounts payable in connection with attendance by the witness at court or elsewhere;

  • litigation services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right to conduct litigation in relation to proceedings, or contemplated proceedings, to provide.

(8)This section extends to England and Wales only.

RegulationsE+W

19E+WIn section 223(6) (orders and regulations subject to affirmative procedure), at the appropriate places insert— “ section 62B(3) ”; “ section 135B(3) ”.

Part 4 E+WSavings

20E+WThe amendments made by paragraphs 2 to 5 do not have effect in relation to costs orders made by a court in proceedings which commenced before the relevant day.

21E+WThe amendments made by paragraphs 9 to 11 do not have effect in relation to a person's entitlement to costs in connection with a reference made before the relevant day.

22E+WThe amendments made by paragraphs 12 to 19 do not have effect in relation to orders made by a judge or court in proceedings which commenced before the relevant day.

23E+WIn paragraphs 20 to 22 “the relevant day”, in relation to an amendment, means the day on which the amendment comes into force.

24E+WFor the purposes of paragraphs 20 and 22—

(a)proceedings commence in a magistrates' court when a warrant, requisition or summons relating to the proceedings is issued;

(b)proceedings commence on an appeal to the Crown Court when a notice of appeal is served;

(c)other proceedings commence in the Crown Court when they are committed, transferred or sent to that court;

(d)proceedings commence in the High Court when an application for leave to appeal by way of case stated is made or (in the absence of such an application) when notice of appeal is given;

(e)proceedings commence in the Court of Appeal when an application for leave to appeal is made or (in the absence of such an application) when notice of appeal is given;

(f)proceedings commence in the Supreme Court when an application for leave to appeal is made.

Section 62

SCHEDULE 8E+WCosts in criminal cases: service courts

Part 1 E+WAppeals from Court Martial

IntroductionE+W

1E+WPart 2 of the Court Martial Appeals Act 1968 (appeals from Court Martial) is amended as follows.

Costs of successful appellantE+W

2(1)Section 31 (costs of successful appellant) is amended as follows.E+W

(2)In subsection (1) omit “other than an appeal against sentence”.

(3)In subsection (2) at the end insert “ , subject to subsection (3), section 31A and regulations under section 33B(1)(d). ”

(4)After subsection (2) insert—

(3)Where the Appeal Court consider that there are circumstances that make it inappropriate for the appellant to recover the whole of the sums mentioned in subsection (2), a direction under this section must be for the payment of such lesser sums as they consider just and reasonable.

(4)The Appeal Court must fix the sums to be paid by the Secretary of State in the direction if they consider it appropriate to do so and—

(a)the appellant agrees the sums, or

(b)subsection (3) applies.

(5)Where the Appeal Court do not fix the sums to be paid by the Secretary of State in the direction—

(a)they must describe in the direction any reduction required under subsection (3), and

(b)the sums must be fixed by means of a determination made by or on behalf of the Appeal Court in accordance with procedures specified in regulations made by the Lord Chancellor.

Legal costsE+W

3E+WAfter section 31 insert—

31ALegal costs

(1)The costs which the Appeal Court may direct the Secretary of State to pay under section 31 do not include legal costs, except where regulations made by the Lord Chancellor provide otherwise.

(2)Regulations under this section may, in particular, include—

(a)provision for an exception to arise where a determination has been made by a person specified in the regulations,

(b)provision requiring the Appeal Court, when they direct the payment of a sum that includes a sum in respect of legal costs, to include a statement to that effect in the direction, and

(c)provision that the Appeal Court may not direct the payment of a sum in respect of legal costs exceeding an amount specified in the regulations.

(3)In this section—

  • legal costs” means fees, charges, disbursements and other amounts payable in respect of advocacy services or litigation services including, in particular, expert witness costs;

  • advocacy services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right of audience in relation to any proceedings, or contemplated proceedings, to provide;

  • expert witness costs” means amounts payable in respect of the services of an expert witness, including amounts payable in connection with attendance by the witness at court or elsewhere;

  • litigation services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right to conduct litigation in relation to proceedings, or contemplated proceedings, to provide.

Witnesses' expensesE+W

4(1)Section 33 (witnesses' expenses) is amended as follows.E+W

(2)In subsection (1) at the end insert “ , subject to subsection (3) and regulations under section 33B (1)(d) ”.

(3)At the end insert—

(3)Sums ordered to be paid out of money provided by Parliament under subsection (1) may not include sums in respect of expert witness costs (as defined in section 31A), unless regulations made by the Lord Chancellor provide otherwise.

Expenses of appellant not in custodyE+W

5(1)Section 33A (appellant's expenses) is amended as follows.E+W

(2)Number the existing provision subsection (1).

(3)After that subsection insert—

(2)The expenses which the Appeal Court may direct the Secretary of State to pay under this section do not include legal costs (as defined in section 31A), except where regulations made by the Lord Chancellor provide otherwise.

(3)Regulations under this section may, in particular, include—

(a)provision for an exception to arise where a determination has been made by a person specified in the regulations,

(b)provision requiring the Appeal Court, when they direct the payment of a sum that includes a sum in respect of legal costs, to include a statement to that effect in the direction, and

(c)provision that the Appeal Court may not direct the payment of a sum in respect of legal costs exceeding an amount specified in the regulations.

Further provision about costsE+W

6E+WAfter section 33A insert—

33BFurther provision about costs

(1)The Lord Chancellor may by regulations—

(a)make provision as to the sums that may be directed or ordered to be paid under section 31, 33 or 33A, whether by specifying rates or scales or by making other provision as to the calculation of the sums,

(b)make provision as to the circumstances in which and conditions under which such sums may be paid or directed or ordered to be paid,

(c)make provision requiring such sums to be fixed having regard to regulations under paragraphs (a) and (b),

(d)make provision requiring such sums to be calculated in accordance with such regulations (whether or not that results in the fixing of an amount that the court considers reasonably sufficient to compensate the person concerned), and

(e)make provision as to the review of determinations of sums directed to be paid under section 31.

(2)Regulations under this section may provide that provision as to the calculation of sums (whether in the form of rates or scales or other provision) may be determined by the Lord Chancellor with the consent of the Treasury.

RegulationsE+W

7E+WAfter section 33B insert—

33CRegulations

(1)Regulations under sections 31, 31A, 33, 33A and 33B may, in particular—

(a)make different provision in relation to different cases and different classes of case, including different provision in relation to different expenses, trouble and loss, different directions and orders and different areas, and

(b)make different provision in relation to the fixing of a sum in a direction or order and the fixing of a sum by means of a determination.

(2)A power to make regulations under those sections is exercisable by statutory instrument.

(3)A statutory instrument containing regulations under those sections is subject to annulment in pursuance of a resolution of either House of Parliament, subject to subsection (4).

(4)A statutory instrument containing (whether alone or with other provision) regulations under section 31A, 33 or 33A may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Consequential repealE+W

8E+WIn consequence of the amendment made by paragraph 2(2), omit paragraph 1(6) of Schedule 2 to the Armed Forces Act 1971.

Part 2 E+WAppeals from Court Martial Appeal Court

IntroductionE+W

9E+WPart 3 of the Court Martial Appeals Act 1968 (appeals from Court Martial Appeal Court) is amended as follows.

Application to Appeal CourtE+W

10E+WBefore section 47 insert—

46ACosts: application to Appeal Court by Director of Service Prosecutions

(1)Where the Appeal Court dismiss an application for leave to appeal to the Supreme Court made by the Director of Service Prosecutions, the Appeal Court may direct the payment by the Secretary of State of such sums as appear to them to be reasonably sufficient to compensate the accused for any expenses properly incurred by the accused in resisting the application, subject to—

(a)subsection (2), and

(b)regulations under section 47A(1)(d).

(2)The sums which the Appeal Court may direct the Secretary of State to pay do not include legal costs (as defined in section 31A), except where regulations made by the Lord Chancellor provide otherwise.

(3)Regulations under subsection (2) may, in particular, include—

(a)provision for an exception to arise where a determination has been made by a person specified in the regulations,

(b)provision requiring the Appeal Court, when they direct the payment of a sum that includes a sum in respect of legal costs, to include a statement to that effect in the direction, and

(c)provision that the Appeal Court may not direct the payment of a sum in respect of legal costs exceeding an amount specified in the regulations.

46BCosts: application to Appeal Court by accused

Where the Appeal Court dismiss an application for leave to appeal to the Supreme Court made by the accused—

(a)the Appeal Court may make the like order as may be made by the Court under section 32(1) of this Act where they dismiss an application for leave to appeal to the Court,

(b)an order made under this section may be enforced in the manner described in section 32(2) of this Act, and

(c)section 32(3) of this Act applies in relation to any sum recovered by virtue of section 32(2)(a) (as applied by this section).

Application to Supreme CourtE+W

11(1)Section 47 (costs) is amended as follows.E+W

(2)In subsections (1) and (2) omit “the Appeal Court or” (in each place).

(3)After subsection (2) insert—

(2A)Section 32(3) of this Act applies in relation to any sum recovered by virtue of section 32(2)(a) (as applied by subsection (2)).

(4)In subsection (3), at the end insert subject to—

(a)subsection (3A), and

(b)regulations under section 47A(1)(d).

(5)After subsection (3) insert—

(3A)The costs which the Supreme Court may direct the Secretary of State to pay do not include legal costs (as defined in section 31A) incurred in proceedings in a court below, except where regulations made by the Lord Chancellor provide otherwise.

(3B)Regulations under subsection (3A) may, in particular, include—

(a)provision for an exception to arise where a determination has been made by a person specified in the regulations,

(b)provision requiring the Supreme Court, when they direct the payment of a sum that includes a sum in respect of legal costs, to include a statement to that effect in the direction, and

(c)provision that the Supreme Court may not direct the payment of a sum in respect of legal costs exceeding an amount specified in the regulations.

(6)In subsection (4) for “the foregoing provisions of” substitute “ sections 46A, 46B and ”.

12E+WAccordingly, in the heading of section 47, at the end insert “ : application to Supreme Court ”.

Further provision about costsE+W

13E+WAfter section 47 insert—

47AFurther provision about costs

(1)The Lord Chancellor may by regulations—

(a)make provision as to the sums that may be directed to be paid under section 46A or 47(3), whether by specifying rates or scales or by making other provision as to the calculation of the sums,

(b)make provision as to the circumstances in which and conditions under which such sums may be paid or directed to be paid,

(c)make provision requiring such sums to be fixed having regard to regulations under paragraphs (a) and (b), and

(d)make provision requiring such sums to be calculated in accordance with such regulations (whether or not that results in the fixing of an amount that the court considers reasonably sufficient to compensate the person concerned).

(2)The power under subsection (1)(d) may not be exercised in respect of sums ordered to be paid by the Supreme Court in respect of expenses incurred in proceedings before that court.

(3)Regulations under this section may provide that provision as to the calculation of sums (whether in the form of rates or scales or other provision) may be determined by the Lord Chancellor with the consent of the Treasury.

RegulationsE+W

14E+WAfter section 47A insert—

47BRegulations

(1)Regulations under sections 46A, 47 and 47A may, in particular, make different provision in relation to different cases and different classes of case, including different provision in relation to different expenses, trouble and loss, different directions and orders and different areas.

(2)A power to make regulations under those sections is exercisable by statutory instrument.

(3)A statutory instrument containing regulations under those sections is subject to annulment in pursuance of a resolution of either House of Parliament, subject to subsection (4).

(4)A statutory instrument containing (whether alone or with other provision) regulations under section 46A or 47 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Part 3 E+WSavings

15E+WThe amendments made by this Schedule do not have effect in relation to directions and orders made by a court in proceedings commenced before the relevant day.

16E+WFor the purposes of paragraph 15—

(a)the relevant day”, in relation to an amendment, means the day on which the amendment comes into force;

(b)proceedings commence in the Court Martial Appeal Court when an application for leave to appeal is made or (in the absence of such an application) when notice of appeal is given;

(c)proceedings commence in the Supreme Court when an application for leave to appeal is made.

Section 68

SCHEDULE 9E+WChanges to powers to make suspended sentence orders: consequential and transitory provision

Part 1 E+WConsequential amendments

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)E+W

1E+WIn section 163(1) of the Powers of Criminal Courts (Sentencing) Act 2000 omit the definition of “operational period”.

Criminal Justice Act 2003 (c. 44)E+W

F822E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F823E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F824E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F825E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F826E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F827E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F828E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F829E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8210E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8211E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8212E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643)E+W

13E+WIn the Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 omit—

(a)article 2(2) (modifications to section 189 of the Criminal Justice Act 2003 pending the commencement of the repeal of section 78 of the Powers of Criminal Courts (Sentencing) Act 2000), and

(b)article 3(2)(a) (modifications to section 189 of the Criminal Justice Act 2003 pending the commencement of section 61 of the Criminal Justice and Court Services Act 2000).

Armed Forces Act 2006 (c. 52)E+W

14E+WThe Armed Forces Act 2006 is amended as follows.

15(1)Section 200 (suspended sentence orders with or without community requirements) is amended as follows.E+W

(2)In the heading omit “with or without community requirements”.

(3)Omit subsections (1) to (4) (power of relevant service court to make suspended sentence order with or without community requirements, and meanings of those terms).

(4)In subsection (5) (modification of section 189(1) of the Criminal Justice Act 2003 in its application to a relevant service court)—

(a)for “(b)(ii)” substitute “ (a) ”,

(b)for “the end of sub-paragraph (ii)” substitute “ “imprisonment),” ”, and

(c)in the words treated as substituted, for “(a)” substitute “(i)” and for “(b)” substitute “ (ii) ”.

(5)After subsection (6) insert—

(7)In this Chapter “a suspended sentence order with community requirements” means a suspended sentence order that imposes one or more community requirements within the meaning of section 189(7)(c) of the 2003 Act.

16E+WOmit section 201 (provisions of the Criminal Justice Act 2003 that do not apply to suspended sentence orders without community requirements).

17E+WIn section 207 (definitions for purposes of Chapter 4 of Part 8)—

(a)in the definition of “suspended sentence order with community requirements” for “200(3)” substitute “ 200(7) ”, and

(b)omit the definition of “suspended sentence order without community requirements”.

18(1)Schedule 7 (suspended prison sentence: further conviction or breach of requirement) is amended as follows.E+W

(2)For the heading before paragraph 1 substitute “ Modifications of Part 2 of Schedule 12 to the 2003 Act ”.

(3)In paragraph 1 (modifications of Part 2 of Schedule 12 to the Criminal Justice Act 2003 in case of suspended sentence orders with community requirements) omit “with community requirements”.

(4)Omit paragraph 2 (modifications of Part 2 of Schedule 12 to the Criminal Justice Act 2003 in case of suspended sentence orders without community requirements) and the heading before that paragraph.

(5)After paragraph 6 insert—

6AParagraph 8(2)(ba) of that Schedule has effect as if at the beginning there were inserted “where the court dealing with the offender is the Crown Court,”.

Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (SI 2009/1059)E+W

19E+WIn Schedule 2 to the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 omit paragraph 2(2) (modifications to section 189 of the Criminal Justice Act 2003 pending the commencement of the repeal of section 78 of the Powers of Criminal Courts (Sentencing) Act 2000).

Part 2 E+WTransitory provision

F8320E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 89

SCHEDULE 10E+WRepeal of sections 181 to 188 of Criminal Justice Act 2003: consequential amendments

Prison Act 1952 (c. 52)E+W

1E+WOmit section 49(4A) of the Prison Act 1952 (persons unlawfully at large).

Criminal Justice Act 1961 (c. 39)E+W

2E+WIn section 23 of the Criminal Justice Act 1961 (prison rules)—

(a)in subsection (3), for “Subject to subsection (3A), the days” substitute “ The days ”;

(b)omit subsection (3A).

Firearms Act 1968 (c. 27)E+W

3E+WIn section 21 of the Firearms Act 1968 (possession of firearms by persons previously convicted of crime), omit—

(a)subsection (2A)(d);

(b)subsection (2B);

(c)in subsection (6), “, (2B)”.

Magistrates' Courts Act 1980 (c. 43)E+W

4E+WOmit section 131(2A) of the Magistrates' Courts Act 1980 (remand of accused already in custody).

Road Traffic Offenders Act 1988 (c. 53)E+W

5E+WIn section 35A of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence also imposed), omit subsection (4)(c) and (d).

Football Spectators Act 1989 (c. 37)E+W

6E+WIn the Football Spectators Act 1989, omit—

(a)section 14E(7) (banning orders);

(b)section 18(5) (information).

Prisoners (Return to Custody) Act 1995 (c. 3)E+W

7E+WOmit section 1(1A) of the Prisoners (Return to Custody) Act 1995 (remaining at large after temporary release).

Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)E+W

8E+WIn Schedule 3 to the Goods Vehicles (Licensing of Operators) Act 1995 (qualifications for standard licence), in paragraph 3(2)(a), for the words from “of 12 months or more” to the end substitute “ exceeding 3 months ”.

Crime (Sentences) Act 1997 (c. 43)E+W

9(1)Schedule 1 to the Crime (Sentences) Act 1997 (transfers of prisoners within the British Islands) is amended as follows.E+W

(2)In paragraph 6(4), omit the definitions of “custody plus order” and “intermittent custody order”.

(3)In paragraph 8, in sub-paragraphs (2) and (4)—

(a)after paragraph (aa) insert “ and ”;

(b)omit paragraph (ab).

(4)In paragraph 9, in sub-paragraphs (2) and (4)—

(a)after paragraph (aa) insert “ and ”;

(b)omit paragraph (ab).

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)E+W

10E+WIn section 147A of the Powers of Criminal Courts (Sentencing) Act 2000 (extension of disqualification where custodial sentence also imposed), omit subsection (4)(c) and (d).

Extradition Act 2003 (c. 41)E+W

11(1)The Extradition Act 2003 is amended as follows.E+W

(2)In the following provisions, omit “(other than temporarily on licence pursuant to an intermittent custody order under section 183(1)(b) of the Criminal Justice Act 2003)”—

(a)section 59(11)(b) (return of person to serve remainder of sentence);

(b)section 132(11)(b) (return of person to serve remainder of sentence);

(c)section 153B(10)(a)(ii) (return of person in pursuance of undertaking).

(3)In section 216 (interpretation), omit subsection (6A).

Criminal Justice Act 2003 (c. 44)E+W

12E+WThe Criminal Justice Act 2003 is amended as follows.

13E+WIn section 195 (interpretation of Chapter 3), omit the definitions of “custodial period”, “licence period” and “the number of custodial days”.

14(1)Section 196 (meaning of “relevant order” in Chapter 4) is amended as follows.E+W

(2)In subsection (1)—

(a)at the end of paragraph (a) insert “ or ”;

(b)omit paragraph (b);

(c)omit paragraph (d) and the word “or” preceding it.

(3)Omit subsection (2).

15E+WIn section 197(1)(a)(i) (meaning of “responsible officer), omit “182(1) or”.

16E+WIn section 202(4)(b) (circumstances in which court must not include programme requirement), omit “(or, where the relevant order is a custody plus order or an intermittent custody order, will be)”.

17E+WOmit section 204(4) and (5) (restrictions on imposing curfew requirement).

18E+WIn section 213(3) (definition of “relevant period” for supervision requirement), omit paragraphs (b) and (c).

19E+WOmit section 216(2) (requirement to specify area in which offender will reside).

20E+WIn section 241 (effect of direction under section 240 or 240A)—

(a)in subsection (1), omit “or Chapter 3 (prison sentences of less than twelve months)”;

(b)omit subsection (2).

21(1)Section 244 (duty to release prisoners) is amended as follows.E+W

(2)Omit subsection (2).

(3)In subsection (3)—

(a)omit paragraphs (b) and (c);

(b)in paragraph (d), omit “none of which falls within paragraph (c)”.

22E+WOmit section 245 (restrictions on duty to release intermittent custody prisoners).

23(1)Section 246 (power to release prisoners on licence early) is amended as follows.E+W

(2)In subsection (1)—

(a)in paragraph (a), omit “, other than an intermittent custody prisoner,”;

(b)omit paragraph (b) and the word “and” preceding it.

(3)Omit subsection (3).

(4)In subsection (4)(i), omit from “or, where the sentence is one of intermittent custody” to the end.

(5)In subsection (5)—

(a)in paragraph (a), omit “or (b), (3)”;

(b)in paragraph (c), omit “or (3)(b)(ii)”.

(6)In subsection (6)—

(a)omit the definition of “the required custodial days”;

(b)in the definition of “the requisite custodial period”, omit “other than a sentence of intermittent custody” and “, (b)”;

(c)omit the definition of “sentence of intermittent custody”.

24E+WIn section 249 (duration of licence)—

(a)in subsection (1), for “subsections (2) and (3)” substitute “ subsection (3) ”;

(b)omit subsection (2);

(c)in subsection (3), omit the words from “and subsection (2)” to the end;

(d)omit subsection (4).

25E+WIn section 250 (licence conditions)—

(a)omit subsections (2), (2A), (3) and (6);

(b)in subsection (7), for the words from “section 264(3)” to the end substitute “ and section 264(3) (consecutive terms) ”.

26E+WOmit section 251 (licence conditions on re-release of those serving less than 12 months).

27E+WIn section 252(2) (duty to comply with licence conditions: overseas)—

(a)at the end of paragraph (a) insert “ and ”;

(b)omit paragraph (b).

28E+WOmit section 253(4) (curfew conditions for those subject to intermittent custody order).

29E+WIn section 260(7) (early removal of persons liable to removal from UK: definition of “requisite custodial period”), omit “, (b)”.

30E+WIn section 261(6) (re-entry to UK of offender removed early: definitions), in the definition of “requisite custodial period”, omit “, (b)”.

31E+WOmit section 263(3) (concurrent terms: requirements of licence).

32(1)Section 264 (consecutive terms) is amended as follows.E+W

(2)Omit subsection (1)(c) and the “and” preceding it.

(3)In subsection (6) omit—

(a)paragraph (a)(iii) and the “and” preceding it;

(b)paragraph (b).

33E+WOmit section 264A (consecutive terms: intermittent custody).

34E+WOmit section 265(1B) (restriction on consecutive sentences: intermittent custody).

35E+WIn section 268 (interpretation of Chapter 6), omit the definitions of “intermittent custody prisoner”, “release” and “relevant court order”.

36E+WIn section 302 (execution of process between England and Wales and Scotland), omit “paragraph 8(1) of Schedule 10”.

37E+WIn section 305(1) (interpretation of Part 12)—

(a)omit the definition of “custody plus order”;

(b)omit the definition of “intermittent custody order”;

(c)omit the words “custody plus order, intermittent custody order” (wherever they appear);

(d)in the definition of “responsible officer”, omit the words “a custody plus order, an intermittent custody order”.

38(1)Schedule 12 (breach or amendment of suspended sentence order etc) is amended as follows.E+W

(2)In paragraph 8(2) (powers of court on breach of community requirement or conviction of further offence)—

(a)in paragraph (a), omit “and custodial period”;

F84(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In paragraph 9(1) (further provision as to order that suspended sentence is to take effect)—

(a)omit “and custodial period”;

(b)omit paragraph (a).

39E+WIn Schedule 32 (amendments relating to sentencing), omit paragraphs 12(2), (3) and (6), 29, 57, 58 and 68(2).

Domestic Violence, Crime and Victims Act 2004 (c. 28)E+W

40(1)The Domestic Violence, Crime and Victims Act 2004 is amended as follows.E+W

(2)Omit section 31 and Schedule 6 (intermittent custody).

(3)In Schedule 11 (repeals), omit the entries relating to the Criminal Justice Act 2003.

Armed Forces Act 2006 (c. 52)E+W

41(1)The Armed Forces Act 2006 is amended as follows.E+W

(2)In section 196 (term of sentence etc), omit—

(a)the reference to sections 181 and 182 of the Criminal Justice Act 2003;

(b)in the reference to Chapter 4 of Part 12 of that Act, the words “custody plus order or”.

(3)Omit sections 197 to 199 (imprisonment with or without custody plus order).

(4)In section 207 (definitions), omit the definition of “custody plus order”.

(5)In Schedule 7 (suspended sentence: further conviction or breach of requirement), omit paragraph 9(1)(a) (modification of paragraph 9(1)(a) of Schedule 12 to the Criminal Justice Act 2003).

(6)In Schedule 16 (minor and consequential amendments), omit paragraphs 222 and 223.

Criminal Justice and Immigration Act 2008 (c. 4)E+W

42E+WOmit section 20(2) and (3) of the Criminal Justice and Immigration Act 2008.

Policing and Crime Act 2009 (c. 26)E+W

43E+WOmit section 71(10) of the Policing and Crime Act 2009.

Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643)E+W

44E+WArticle 2(4) of the Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 is revoked.

Section 90

SCHEDULE 11E+WAmendment of enactments relating to bail

Bail Act 1976 (c. 63)E+W

1E+WThe Bail Act 1976 is amended as follows.

2E+WIn section 2(2) (definitions)—

(a)insert the following definitions at the appropriate places—

  • bail in non-extradition proceedings” means bail in criminal proceedings of the kind mentioned in section 1(1)(a),;

custodial sentence” means a sentence or order mentioned in section 76(1) of the Powers of Criminal Courts (Sentencing) Act 2000 or any corresponding sentence or order imposed or made under any earlier enactment,;

imprisonable offence” means an offence punishable in the case of an adult with imprisonment,;

sexual offence” means an offence specified in Part 2 of Schedule 15 to the Criminal Justice Act 2003,;

violent offence” means murder or an offence specified in Part 1 of Schedule 15 to the Criminal Justice Act 2003,, and

(b)in the definition of “young person” for “seventeen” substitute “ eighteen ”.

3(1)Section 3 (general provisions) is amended as follows.E+W

(2)In subsection (6ZAA), for “person),” substitute “ person granted bail in criminal proceedings of the kind mentioned in section 1(1)(a) or (b)), section 3AAA (in the case of a child or young person granted bail in connection with extradition proceedings), ”.

(3)In subsection (7)—

(a)for “a child or young person” substitute “ a person under the age of seventeen ”,

(b)for the words “the child or young person”, in both places they appear, substitute “ the person ”, and

(c)in paragraph (a)—

(i)omit “of a young person”, and

(ii)omit “young” in the second place it appears.

4(1)Section 3AA (conditions for the imposition of electronic monitoring requirements: children and young persons) is amended as follows.E+W

(2)In the heading after “young persons” insert “ released on bail other than in extradition proceedings ”.

(3)In subsection (1) (conditions for the imposition of electronic monitoring conditions: children and young persons) after “young person” insert “ released on bail in criminal proceedings of the kind mentioned in section 1(1)(a) or (b) ”.

5E+WAfter section 3AA insert—

3AAAConditions for the imposition of electronic monitoring requirements: children and young persons released on bail in extradition proceedings

(1)A court may not impose electronic monitoring requirements on a child or young person released on bail in connection with extradition proceedings unless each of the following conditions is met.

(2)The first condition is that the child or young person has attained the age of twelve years.

(3)The second condition is that—

(a)the conduct constituting the offence to which the extradition proceedings relate, or one or more of those offences, would, if committed in England and Wales, constitute a violent or sexual offence or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more, or

(b)the offence or offences to which the extradition proceedings relate, together with any other imprisonable offences of which the child or young person has been convicted in any proceedings—

(i)amount, or

(ii)would, if the child or young person were convicted of that offence or those offences, amount,

to a recent history of committing imprisonable offences while on bail or subject to a custodial remand.

(4)The third condition is that the court is satisfied that the necessary provision for dealing with the child or young person concerned can be made under arrangements for the electronic monitoring of persons released on bail that are currently available in each local justice area which is a relevant area.

(5)The fourth condition is that a youth offending team has informed the court that in its opinion the imposition of electronic monitoring requirements will be suitable in the case of the child or young person.

(6)The references in subsection (3)(b) to an imprisonable offence include a reference to an offence—

(a)of which the child or young person has been accused or convicted outside England and Wales, and

(b)which is equivalent to an offence that is punishable with imprisonment in England and Wales.

(7)The reference in subsection (3)(b) to a child or young person being subject to a custodial remand is to the child or young person being—

(a)remanded to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,

(b)remanded to local authority accommodation under section 23 of the Children and Young Persons Act 1969 or to prison under that section as modified by section 98 of the Crime and Disorder Act 1998 or under section 27 of the Criminal Justice Act 1948, or

(c)subject to a form of custodial detention in a country or territory outside England and Wales while awaiting trial or sentence in that country or territory or during a trial in that country or territory.

6(1)Section 3AB (conditions for the imposition of electronic monitoring requirements: other persons) is amended as follows.E+W

(2)In subsection (1) for “seventeen” substitute “ eighteen ”.

(3)Omit subsection (4).

7E+WIn section 3AC (electronic monitoring: general provisions) in each of subsections (7) and (8) after “3AA” insert “ , 3AAA ”.

8(1)Section 7 (liability to arrest for absconding or breaking conditions of bail) is amended as follows.E+W

(2)In subsection (5) for “subsection (6)” substitute “ subsections (5A) and (6) ”.

(3)After subsection (5) insert—

(5A)A justice of the peace may not remand a person in, or commit a person to, custody under subsection (5) if—

(a)the person has attained the age of eighteen,

(b)the person was released on bail in non-extradition proceedings,

(c)the person has not been convicted of an offence in those proceedings, and

(d)it appears to the justice of the peace that there is no real prospect that the person will be sentenced to a custodial sentence in the proceedings.

(4)In subsection (6) for “the person so brought before the justice” substitute “ a person brought before a justice under subsection (4) or (4B) ”.

9(1)Section 9A (bail decisions relating to persons aged under 18 who are accused of offences mentioned in Schedule 2 to the Magistrates' Courts Act 1980) is amended as follows.E+W

(2)In the heading for “persons aged under 18” substitute “ children or young persons ”.

(3)In subsection (1)(a) for “person aged under 18” substitute “ child or young person ”.

(4)In subsections (2) and (3)(b) after “accused” insert “ child or young ”.

10E+WPart 1 of Schedule 1 (bail for defendants accused or convicted of certain imprisonable offences) is amended in accordance with paragraphs 11 to 21.

11E+WFor the heading immediately before paragraph 1 (defendants to whom Part 1 applies) substitute “ Application of Part 1 ”.

12E+WIn paragraph 1 (defendants to whom Part 1 applies) in sub-paragraph (1) after “sub-paragraph (2)” insert “ and paragraph 1A ”.

13E+WAfter paragraph 1 insert—

1A(1)The paragraphs of this Part of this Schedule mentioned in sub-paragraph (2) do not apply in relation to bail in non-extradition proceedings where—

(a)the defendant has attained the age of 18,

(b)the defendant has not been convicted of an offence in those proceedings, and

(c)it appears to the court that there is no real prospect that the defendant will be sentenced to a custodial sentence in the proceedings.

(2)The paragraphs are—

(a)paragraph 2 (refusal of bail where defendant may fail to surrender to custody, commit offences on bail or interfere with witnesses),

(b)paragraph 2A (refusal of bail where defendant appears to have committed indictable or either way offence while on bail), and

(c)paragraph 6 (refusal of bail where defendant has been arrested under section 7).

14E+WIn paragraph 2 (exceptions to bail where defendant may fail to surrender to custody, commit offences on bail or interfere with witnesses) for sub-paragraph (2) substitute—

(2)Where the defendant falls within paragraph 6B, this paragraph does not apply unless—

(a)the court is of the opinion mentioned in paragraph 6A, or

(b)paragraph 6A does not apply by virtue of paragraph 6C.

15E+WAfter paragraph 2 insert—

2ZA(1)The defendant need not be granted bail if the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not), would commit an offence while on bail by engaging in conduct that would, or would be likely to, cause—

(a)physical or mental injury to an associated person; or

(b)an associated person to fear physical or mental injury.

(2)In sub-paragraph (1) “associated person” means a person who is associated with the defendant within the meaning of section 62 of the Family Law Act 1996.

16E+WFor paragraph 2A (refusal of bail where defendant appears to have committed offence while on bail) substitute—

2AThe defendant need not be granted bail if—

(a)the offence is an indictable offence or an offence triable either way, and

(b)it appears to the court that the defendant was on bail in criminal proceedings on the date of the offence.

17E+WFor paragraph 6 (refusal of bail where defendant fails to surrender to custody or has been arrested under section 7) substitute—

6The defendant need not be granted bail if, having previously been released on bail in, or in connection with, the proceedings, the defendant has been arrested in pursuance of section 7.

18E+WIn paragraph 6A (certain drug users to be refused bail unless no significant risk of offending while on bail) for “is satisfied” substitute “ is of the opinion ”.

19E+WIn paragraph 9 (considerations to which the court must have regard)—

(a)for “2A(1), 6(1) or 6A” substitute “ 2ZA(1) ”, and

(b)after “paragraph 6ZA” insert “ or 6A ”.

20E+WIn paragraph 9AA (court to give particular weight to the fact that an under 18 defendant was on bail when the offence was committed) in sub-paragraph (1)(a) for “under the age of 18” substitute “ a child or young person ”.

21E+WIn paragraph 9AB (factors to be given particular weight by the court when making a decision for the purposes of section 2(1)(a), in the case of an under 18 defendant who has failed to surrender) in sub-paragraph (1)(a) for “under the age of 18” substitute “ a child or young person ”.

22E+WPart 1A of Schedule 1 (bail for defendants accused or convicted of imprisonable offences to which Part 1 of that Schedule does not apply) is amended in accordance with paragraphs 23 to 26.

23E+WFor the heading immediately before paragraph 1 (defendants to whom Part 1A applies) substitute “ Application of Part 1A ”.

24E+WIn paragraph 1 (defendants to whom Part 1A applies) for “The” substitute “ Subject to paragraph 1A, the ”.

25E+WAfter paragraph 1 insert—

1A(1)The paragraphs of this Part of this Schedule mentioned in sub-paragraph (2) do not apply in relation to bail in, or in connection with, proceedings where—

(a)the defendant has attained the age of 18,

(b)the defendant has not been convicted of an offence in those proceedings, and

(c)it appears to the court that there is no real prospect that the defendant will be sentenced to a custodial sentence in the proceedings.

(2)The paragraphs are—

(a)paragraph 2 (refusal of bail for failure to surrender to custody),

(b)paragraph 3 (refusal of bail where defendant would commit further offences on bail), and

(c)paragraph 7 (refusal of bail in certain circumstances when arrested under section 7).

26(1)Paragraph 4 (refusal of bail to defendants who are likely to cause injury or fear of injury) is amended as follows.E+W

(2)The existing words become sub-paragraph (1).

(3)In paragraphs (a) and (b) of that sub-paragraph for “any person other than the defendant”, in both places those words appear, substitute “ an associated person ”.

(4)After that sub-paragraph insert—

(2)In sub-paragraph (1) “associated person” means a person who is associated with the defendant within the meaning of section 62 of the Family Law Act 1996.

27E+WPart 2 of Schedule 1 (bail for defendants accused or convicted of non-imprisonable offences) is amended in accordance with paragraphs 28 to 30.

28E+WIn paragraph 2 (refusal of bail for failure to surrender to custody) after “bail if—” insert—

(za)the defendant—

(i)is a child or young person, or

(ii)has been convicted in the proceedings of an offence;.

29E+WIn paragraph 5 (refusal of bail in certain circumstances when arrested under section 7) after “bail if—” insert—

(za)the defendant—

(i)is a child or young person, or

(ii)has been convicted in the proceedings of an offence;.

30E+WAfter paragraph 5 insert—

6(1)The defendant need not be granted bail if—

(a)having been released on bail in, or in connection with, the proceedings for the offence, the defendant has been arrested in pursuance of section 7, and

(b)the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not), would commit an offence while on bail by engaging in conduct that would, or would be likely to, cause—

(i)physical or mental injury to an associated person, or

(ii)an associated person to fear physical or mental injury.

(2)In sub-paragraph (1) “associated person” means a person who is associated with the defendant within the meaning of section 62 of the Family Law Act 1996.

31(1)Paragraph 2 of Part 3 of Schedule 1 (references to previous grants of bail) is amended as follows.E+W

(2)In paragraph (b) for “section 14(1) of the Criminal Justice Act 2003” substitute “ paragraph 16 of Schedule 11 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

(3)In paragraph (c) for “section 15(1) of the Criminal Justice Act 2003” substitute “ paragraph 17 of Schedule 11 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

(4)After paragraph (f) insert ;

(g)as respects the reference in paragraph 6 of Part 2 of this Schedule, bail granted before the coming into force of that paragraph.

Bail (Amendment) Act 1993 (c. 26)E+W

32(1)Section 1 of the Bail (Amendment) Act 1993 (prosecution right of appeal where bail is granted) is amended as follows.E+W

(2)After subsection (1A) insert—

(1B)Where a judge of the Crown Court grants bail to a person who is charged with, or convicted of, an offence punishable by imprisonment, the prosecution may appeal to the High Court against the granting of bail.

(1C)An appeal under subsection (1B) may not be made where a judge of the Crown Court has granted bail on an appeal under subsection (1).

(3)In subsection (2) for “Subsection (1) above applies” substitute “ Subsections (1) and (1B) above apply ”.

(4)In subsections (3), (4) and (8) for “or (1A)” substitute “ , (1A) or (1B) ”.

(5)In subsection (10)(a)—

(a)for “reference in subsection (1)” substitute “ references in subsections (1) and (1B) ”, and

(b)for “is to be read as a reference” substitute “ are to be read as references ”.

Criminal Justice and Public Order Act 1994 (c. 33)E+W

33E+WIn section 25 of the Criminal Justice and Public Order Act 1994 (no bail for defendants charged with or convicted of homicide or rape after previous conviction for such offences) in subsection (1) for “is satisfied” substitute “ is of the opinion ”.

Consequential amendmentsE+W

34E+WIn section 38(2A) of the Police and Criminal Evidence Act 1984 (considerations applicable to paragraph 2 of Part 1 of Schedule 1 to the 1976 Act to be taken into account by custody officer when making decision about bail after charge) for “paragraph 2(2)” substitute “ paragraphs 1A and 2(2) ”.

35E+WIn section 200 of the Extradition Act 2003 (amendments to section 1 of the Bail (Amendment) Act 1993) omit subsections (4)(a) and (7)(a).

Section 105

SCHEDULE 12E+WRemands of children otherwise than on bail: minor and consequential amendments

Criminal Justice Act 1948 (c. 58)E+W

1E+WSection 27 of the Criminal Justice Act 1948 (remand of persons aged 17 to 20) is amended as follows.

2E+WIn the heading, for “17” substitute “ 18 ”.

3E+WIn subsection (1) for “seventeen” substitute “ eighteen ”.

Prison Act 1952 (c. 52)E+W

4E+WIn section 43(1) of the Prison Act 1952 (power of Secretary of State to provide young offender institutions, secure training centres etc), at the end of paragraph (d) insert “ and in which children who have been remanded to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 may be detained ”.

Children and Young Persons Act 1969 (c. 54)E+W

5E+WThe Children and Young Persons Act 1969 is amended as follows.

6E+WOmit section 23 (remands and committals to local authority accommodation).

Commencement Information

I1Sch. 12 para. 6 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

7E+WOmit section 23AA (electronic monitoring of conditions of remand).

Commencement Information

I2Sch. 12 para. 7 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

8E+WOmit section 23A (liability to arrest for breaking conditions of remand).

Commencement Information

I3Sch. 12 para. 8 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

9(1)Section 23B (report by local authority in certain cases where person remanded on bail) is amended as follows.E+W

(2)In subsection (2), at the end insert “ under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. ”

(3)In subsection (3), for “section 23(2) of this Act” substitute “ section 92(2) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

(4)In subsection (6)—

(a)in paragraph (a), for “17” substitute “ 18 ”, and

(b)for paragraph (b) and the “and” at the end of that paragraph substitute—

(b)the requirements in section 94(3) and (4) or 95(3) and (4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 would have been fulfilled if the person had not been remanded on bail, and.

(5)In subsection (7), in the definition of “serious offence”, after “means” insert “ (subject to subsection (8)) ”.

(6)After subsection (7) insert—

(8)For the purposes of the application of this section to a person remanded on bail in connection with proceedings under the Extradition Act 2003—

(a)an offence is a “serious offence” if the conduct constituting the offence would, if committed in England and Wales, constitute an offence punishable in the case of an adult with imprisonment for a term of two years or more, and

(b)the reference in subsection (1)(a) to a person being charged with a serious offence includes a reference to the person having been accused of such an offence.

10(1)Section 32 (detention of absentees) is amended as follows.E+W

(2)In subsection (1A)—

(a)in paragraph (b), omit sub-paragraph (iii), and

(b)after that paragraph insert—

(c)from a place in which the child or young person has been accommodated pursuant to a remand under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,.

(3)In subsection (1B), for the “or” at the end of paragraph (b) substitute—

(ba)the place mentioned in subsection (1A)(c); or.

(4)In subsection (1C), for paragraph (d) and the “or” preceding that paragraph substitute—

(d)where the child or young person was accommodated pursuant to a remand under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands to local authority accommodation), the designated authority within the meaning of section 107(1) of that Act; or

(e)where the child or young person was accommodated pursuant to a remand under section 91(4) of that Act (remands to youth detention accommodation), the Secretary of State.

Commencement Information

I4Sch. 12 para. 10 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

11E+WIn section 34(1) (transitional modifications of Part 1 for persons of specified ages)—

(a)in paragraph (c) omit “, 23(1)”, and

(b)omit paragraph (e).

Commencement Information

I5Sch. 12 para. 11 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

12E+WIn section 69 (orders and regulations etc) omit subsection (4A).

Commencement Information

I6Sch. 12 para. 12 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Local Authority Social Services Act 1970 (c. 42)E+W

13E+WIn Schedule 1 to the Local Authority Social Services Act 1970 (social services functions for the purposes of the Act), at the end insert—

Legal Aid, Sentencing and Punishment of Offenders Act 2012
Section 92Functions in relation to a child remanded to local authority accommodation.

Bail Act 1976 (c. 63)E+W

14E+WThe Bail Act 1976 is amended as follows.

15(1)Section 3AA (conditions for the imposition of electronic monitoring requirements: children and young persons) is amended as follows.E+W

(2)In subsection (3)(b), for “to local authority accommodation” substitute “ subject to a custodial remand ”.

(3)For subsection (11) substitute—

(11)The references in subsection (3)(b) to an imprisonable offence include a reference to an offence—

(a)of which the child or young person has been convicted outside England and Wales, and

(b)which is equivalent to an offence that is punishable with imprisonment in England and Wales.

(12)The reference in subsection (3)(b) to a child or young person being subject to a custodial remand is to the child or young person being—

(a)remanded to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,

(b)remanded to local authority accommodation under section 23 of the Children and Young Persons Act 1969 or to prison under that section as modified by section 98 of the Crime and Disorder Act 1998 or under section 27 of the Criminal Justice Act 1948, or

(c)subject to a form of custodial detention in a country or territory outside England and Wales while awaiting trial or sentence in that country or territory or during a trial in that country or territory.

16E+WIn section 7(6) (arrest for absconding or breaking conditions of bail: powers of justice), for the words from “section 23” to the end of the subsection substitute “ section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands of children otherwise than on bail) ”.

17E+WIn Part 3 of Schedule 1 (supplementary provisions about persons entitled to bail: interpretation), in paragraph 3, for the words from “the care of” to the end of the paragraph substitute “ accommodation pursuant to a remand under section 91(3) or (4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands to local authority accommodation or youth detention accommodation). ”

Commencement Information

I7Sch. 12 para. 17 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Child Abduction Act 1984 (c. 37)E+W

18E+WThe Child Abduction Act 1984 is amended as follows.

19E+WIn section 1(8) (offence of child abduction: modifications in relation to children remanded to local authority accommodation etc), for “to a local authority accommodation” substitute “ otherwise than on bail ”.

20E+WIn paragraph 2 of the Schedule (modifications of section 1 in case of children in places of safety etc)—

(a)in sub-paragraph (1), in paragraph (b) omit “section 23 of the Children and Young Persons Act 1969,”,

(b)in that sub-paragraph, at the end of paragraph (ba) insert ; or

(bb)remanded to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012., and

(c)in sub-paragraph (2)(a), after “place of safety” insert “ , local authority accommodation or youth detention accommodation ”.

Commencement Information

I8Sch. 12 para. 20 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Police and Criminal Evidence Act 1984 (c. 60)E+W

21E+WIn section 17(1)(ca) of the Police and Criminal Evidence Act 1984 (powers of entry and search of premises for purpose of arresting child or young person remanded to local authority accommodation), for the words from “or committed” to “that Act” substitute “ to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

Commencement Information

I9Sch. 12 para. 21 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Prosecution of Offences Act 1985 (c. 23)E+W

22E+WIn section 22(11) of the Prosecution of Offences Act 1985 (time limits in relation to preliminary stages of criminal proceedings: interpretation), in the definition of “custody” for the words from “to which” to “Act 1969” substitute “ or youth detention accommodation to which a person is remanded under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

Children Act 1989 (c. 41)E+W

23E+WThe Children Act 1989 is amended as follows.

Commencement Information

I10Sch. 12 para. 23 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

24E+WIn section 21(2)(c) (duty to receive and provide accommodation for certain kinds of children) omit sub-paragraph (i) (children on remand under section 23(1) of the Children and Young Persons Act 1969).

Commencement Information

I11Sch. 12 para. 24 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

25E+WIn Schedule 12 (minor amendments), omit paragraph 28(b).

Commencement Information

I12Sch. 12 para. 25 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Criminal Justice Act 1991 (c. 53)E+W

26E+WThe Criminal Justice Act 1991 is amended as follows.

27E+WOmit section 60(1).

28E+WIn section 60(3) (applications under section 25 of the Children Act 1989 in case of child remanded or committed to local authority accommodation)—

(a)omit “or committed”, and

(b)after “local authority accommodation” insert “ under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

Commencement Information

I13Sch. 12 para. 28 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

29E+WOmit section 61 (provision by local authorities of secure accommodation).

Commencement Information

I14Sch. 12 para. 29 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

30E+WOmit section 61A (cost of secure accommodation).

31E+WIn section 92(3) (application of prisoner escort provisions to persons remanded etc under section 23 of the Children and Young Persons Act 1969)—

(a)in paragraph (a), for the words from “or committed” to “1969 Act” substitute “ to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”, and

(b)in paragraph (b) for “such accommodation” substitute “ accommodation in which a person is or is to be accommodated pursuant to such a remand ”.

Commencement Information

I15Sch. 12 para. 31 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Bail (Amendment) Act 1993 (c. 26)E+W

32E+WIn section 1(10) of the Bail (Amendment) Act 1993 (prosecution right of appeal against grant of bail: application to children and young persons)—

(a)for the words from “child” to “Act 1969)” substitute “ person under the age of 18 ”, and

(b)in paragraph (b) for the words from “section 23” to “accommodation)” substitute “ Chapter 3 of Part 3 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands of children otherwise than on bail) ”.

Criminal Justice and Public Order Act 1994 (c. 33)E+W

33E+WThe Criminal Justice and Public Order Act 1994 is amended as follows.

Commencement Information

I16Sch. 12 para. 33 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

34E+WOmit sections 19(1) and (3), 21 and 23.

Commencement Information

I17Sch. 12 para. 34 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

35E+WIn Schedule 9 (minor amendments) omit paragraph 38.

Commencement Information

I18Sch. 12 para. 35 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Crime and Disorder Act 1998 (c. 37)E+W

36E+WThe Crime and Disorder Act 1998 is amended as follows.

Commencement Information

I19Sch. 12 para. 36 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

37E+WIn section 38(4)(d) (definition of “youth justice services”: placements pursuant to remands to local authority accommodation), for the words from “or committed” to “1969 Act”)” substitute “ to such accommodation under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

Commencement Information

I20Sch. 12 para. 37 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

38E+WIn section 41(5) (functions of the Youth Justice Board for England and Wales) omit—

(a)paragraph (i)(iii) (agreements for the provision of accommodation for detention under section 23(4)(c) of the Children and Young Persons Act 1969 as modified by section 98 of the Crime and Disorder Act 1998), and

(b)paragraph (k) (assistance to local authorities in discharging duty under section 61 of the Criminal Justice Act 1991).

Commencement Information

I21Sch. 12 para. 38 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

39E+WIn section 57A(3) (use of live link for accused's attendance at preliminary or sentencing hearing: interpretation), in paragraph (a) of the definition of “custody”, for the words from “to which” to “Act 1969” substitute “ or youth detention accommodation to which a person is remanded under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

Commencement Information

I22Sch. 12 para. 39 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

40E+WOmit sections 97 and 98.

Commencement Information

I23Sch. 12 para. 40 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Access to Justice Act 1999 (c. 22)E+W

41E+WIn Schedule 4 to the Access to Justice Act 1999 (amendments consequential on Part 1), omit paragraphs 4, 6 and 7.

Commencement Information

I24Sch. 12 para. 41 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)E+W

F8542E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8543E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8544E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Care Standards Act 2000 (c. 14)E+W

45E+WIn Schedule 4 to the Care Standards Act 2000 (minor and consequential amendments), omit paragraphs 3 and 17.

Commencement Information

I25Sch. 12 para. 45 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Criminal Justice and Court Services Act 2000 (c. 43)E+W

46(1)Schedule 7 to the Criminal Justice and Court Services Act 2000 (minor and consequential amendments) is amended as follows.E+W

(2)In paragraph 4(2), in the entry for the Children and Young Persons Act 1969, omit the words from “section 23(4)” to “15 and 16 year old boys)),”.

(3)Omit paragraph 39.

Commencement Information

I26Sch. 12 para. 46 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Criminal Justice and Police Act 2001 (c. 16)E+W

47E+WIn the Criminal Justice and Police Act 2001, omit sections 130, 132 and 133(1).

Commencement Information

I27Sch. 12 para. 47 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Courts Act 2003 (c. 39)E+W

48E+WIn Schedule 8 to the Courts Act 2003 (minor and consequential amendments), omit paragraph 135.

Commencement Information

I28Sch. 12 para. 48 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Extradition Act 2003 (c. 41)E+W

49E+WIn the Extradition Act 2003, omit section 201.

Commencement Information

I29Sch. 12 para. 49 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Criminal Justice Act 2003 (c. 44)E+W

50E+WThe Criminal Justice Act 2003 is amended as follows.

Commencement Information

I30Sch. 12 para. 50 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

51E+WIn section 242 (interpretation of provisions about crediting periods of remand in custody)—

(a)in subsection (2)(b), for the words from “or committed” to “that section” substitute “ to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”, and

(b)omit subsection (3).

Commencement Information

I31Sch. 12 para. 51 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

52E+WIn Schedule 32 (amendments relating to sentencing), omit paragraph 15.

Commencement Information

I32Sch. 12 para. 52 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Criminal Defence Service Act 2006 (c. 9)E+W

53E+WIn section 4(2) of the Criminal Defence Service Act 2006 (provisions to which certain consequential amendments apply), omit paragraphs (a) and (b).

Commencement Information

I33Sch. 12 para. 53 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Violent Crime Reduction Act 2006 (c. 38)E+W

54E+WIn the Violent Crime Reduction Act 2006, omit section 61.

Commencement Information

I34Sch. 12 para. 54 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Criminal Justice and Immigration Act 2008 (c. 4)E+W

55E+WIn Schedule 26 to the Criminal Justice and Immigration Act 2008 (minor and consequential amendments), omit paragraph 5.

Commencement Information

I35Sch. 12 para. 55 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Children and Young Persons Act 2008 (c. 23)E+W

56E+WIn Schedule 1 to the Children and Young Persons Act 2008 (children looked after by local authorities: supplementary and consequential provision), omit paragraph 8.

Commencement Information

I36Sch. 12 para. 56 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Offender Management Act 2007 (Consequential Amendments) Order 2008 (SI 2008/912)E+W

57E+WIn Schedule 1 to the Offender Management Act 2007 (Consequential Amendments) Order 2008 (amendments of Acts), omit paragraph 13(6).

Commencement Information

I37Sch. 12 para. 57 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Policing and Crime Act 2009 (c. 26)E+W

58E+WIn paragraph 14(3) of Schedule 5A to the Policing and Crime Act 2009 (detention order for breach of injunction: meaning of youth detention accommodation) for paragraph (c) substitute—

(c)a secure children's home, as defined by section 102(11) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Commencement Information

I38Sch. 12 para. 58 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Section 110

SCHEDULE 13E+WCrediting of time in custody

Part 1 E+WArmed Forces amendments

1E+WThe Armed Forces Act 2006 is amended as follows.

2(1)Section 246 (crediting of time in service custody: terms of imprisonment and detention) is amended as follows.E+W

(2)For subsections (2) to (5) substitute—

(2)The number of days for which the offender was kept in service custody in connection with the offence in question or any related offence since being so charged is to count as time served by the offender as part of the sentence.

But this is subject to subsections (2A) to (2C).

(2A)If, on any day on which the offender was kept in service custody, the offender was also detained in connection with any other matter, that day is not to count as time served.

(2B)A day counts as time served—

(a)in relation to only one sentence, and

(b)only once in relation to that sentence.

(2C)A day is not to count as time served as part of any period of 28 days served by the offender before automatic release (see section 255B(1) of the 2003 Act).

(3)In subsection (6)—

(a)omit “and” at the end of paragraph (a), and

(b)after paragraph (b) insert , and

(c)a determinate sentence of detention in a young offender institution,.

3(1)Section 247 (crediting of time in service custody: supplementary) is amended as follows.E+W

(2)In subsection (2)—

(a)after “in connection with other offences” insert “ (but see section 246(2B)) ”, and

(b)omit “, or has also been detained in connection with other matters”.

(3)After subsection (2) insert—

(2A)The reference in section 246(2A) to detention in connection with any other matter does not include remand in custody in connection with another offence but includes—

(a)detention pursuant to any custodial sentence;

(b)committal in default of payment of any sum of money;

(c)committal for want of sufficient distress to satisfy any sum of money;

(d)committal for failure to do or abstain from doing anything required to be done or left undone.

(4)In subsection (4) for “the reference in section 246(2)” substitute “ the references in section 246(2) and (2B) ”.

4E+WIn section 373(3) (orders, regulations and rules) in paragraph (g) omit “or 246”.

5E+WIn Schedule 16 (minor and consequential amendments), omit paragraph 228.

Part 2 E+WOther amendments

Criminal Appeal Act 1968 (c. 19)E+W

6E+WIn Schedule 2 to the Criminal Appeal Act 1968 (procedural and other provisions applicable on order for retrial), in paragraph 2(4), for “Sections 240” substitute “ Sections 240ZA ”.

Immigration Act 1971 (c. 77)E+W

7E+WIn section 7 of the Immigration Act 1971 (exemption from deportation for certain existing residents), in subsection (4), after “section 240” insert “ , 240ZA or 240A ”.

Road Traffic Offenders Act 1988 (c. 53)E+W

F868E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)E+W

F879E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8710E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8711E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8812E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

International Criminal Court Act 2001 (c. 17)E+W

13E+WIn Schedule 7 to the International Criminal Court Act 2001 (domestic provisions not applicable to ICC prisoners), in paragraph 2(1)(d), for “sections 240” substitute “ sections 240ZA ”.

Section 111

SCHEDULE 14E+WPrisoners serving less than 12 months: consequential amendments

Road Traffic Offenders Act 1988 (c. 53)E+W

1E+WIn section 35A of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence also imposed)—

(a)in subsection (8), after “section” insert “ 243A(3)(a), ”;

(b)in subsection (9)(a), after “in respect of section” insert “ 243A(3)(a) or ”.

Crime (Sentences) Act 1997 (c. 43)E+W

2E+WIn Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands), in paragraphs 8(2)(a) and 9(2)(a), after “sections 241,” insert “ 243A, ”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)E+W

F893E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

International Criminal Court Act 2001 (c. 17)E+W

4E+WIn Schedule 7 to the International Criminal Court Act 2001 (domestic provisions not applicable to ICC prisoners), in paragraph 3(1), for “sections 244” substitute “ sections 243A ”.

Criminal Justice Act 2003 (c. 44)E+W

5E+WThe Criminal Justice Act 2003 is amended as follows.

6(1)Section 244 (duty to release prisoners on licence) is amended as follows.E+W

(2)In subsection (1)—

(a)after “section” in the first place it appears insert “ 243A or ”;

(b)after “the requisite custodial period” insert “ for the purposes of this section ”.

(3)In subsection (3)—

(a)for “In this section” substitute “ For the purposes of this section ”;

(b)in paragraph (a)—

(i)for “any” substitute “ a ”;

(ii)after “the Sentencing Act” insert “ for such a term ”.

7E+WIn section 246(6) (power to release prisoners early: definitions), in the definition of “the requisite custodial period”, after “has the meaning given by” insert “ paragraph (a) or (b) of section 243A(3) or (as the case may be) ”.

8(1)Section 249 (duration of licence) is amended as follows.E+W

(2)In subsection (1), after “a fixed-term prisoner” insert “ , other than one to whom section 243A applies, ”.

(3)After subsection (1) insert—

(1A)Where a prisoner to whom section 243A applies is released on licence, the licence shall, subject to any revocation under section 254 or 255, remain in force until the date on which, but for the release, the prisoner would have served one-half of the sentence.

This is subject to subsection (3).

(4)In subsection (3)—

(a)for “Subsection (1) has” substitute “ Subsections (1) and (1A) have ”;

(b)omit “and (4)”.

9E+WIn section 250(4) (licence conditions) omit “for a term of twelve months or more” and “such” in the first place it appears.

10E+WIn section 253(3) (period for which curfew condition to remain in force), after “fall to be released” insert “ unconditionally under section 243A or ”.

11E+WIn section 260 (early removal of prisoners liable to removal from UK)—

(a)in subsection (5), after “section” in the second place it appears insert “ 243A, ”;

(b)in subsection (7), after “has the meaning given by” insert “ paragraph (a) or (b) of section 243A(3) or (as the case may be) ”.

12(1)Section 261 (re-entry to UK of offender removed early) is amended as follows.E+W

(2)In subsection (5), for “section 244” substitute “ section 243A or 244 (as the case may be) ”.

(3)In subsection (6)—

(a)in the definition of “requisite custodial period”, after “has the meaning given by” insert “ paragraph (a) or (b) of section 243A(3) or (as the case may be) ”;

(b)in the definition of “sentence expiry date”—

(i)after “but for his” insert “ release from prison and ”;

(ii)for “ceased to be subject to a licence” substitute “ served the whole of the sentence ”.

13E+WIn section 263(2) (concurrent terms)—

(a)after paragraph (a) insert—

(aa)the offender's release is to be unconditional if section 243A so requires in respect of each of the sentences (and in any other case is to be on licence),;

(b)in paragraph (b), after “each of the others” insert “ to which that section applies ”;

(c)in paragraph (c), after “release under this Chapter” insert “ (unless that release is unconditional) ”.

14E+WIn section 264 (consecutive terms)—

(a)in subsection (2), omit “on licence”;

(b)in subsection (3), for “any of the terms of imprisonment is a term of twelve months or more” substitute “ the aggregate length of the terms of imprisonment is 12 months or more ”;

(c)after subsection (3) insert—

(3A)Where the aggregate length of the terms of imprisonment is less than 12 months, the offender's release under this Chapter is to be unconditional.;

(d)omit subsections (4) and (5);

(e)in subsection (6)(a)(ii)—

(i)for “a term of twelve months or more” substitute “ any other sentence ”;

(ii)for “the term” substitute “ the sentence ”;

(f)in subsection (7), omit “of 12 months or more”.

15E+WIn section 267 (alteration by order of proportion of sentence), after “any reference in” insert “ section 243A(3)(a), ”.

16E+WThe heading of Chapter 6 of Part 12 becomes “ Release, licences and recall ”.

Commencement of repealE+W

17E+WThe repeal by section 303(a) of the Criminal Justice Act 2003 of sections 33 to 51 of the Criminal Justice Act 1991 has effect in relation to any sentence of imprisonment which—

(a)is of less than 12 months (whether or not such a sentence is imposed to run concurrently or consecutively with another such sentence), and

(b)is imposed in respect of an offence committed on or after 4 April 2005,

and paragraph 14 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Savings Provisions) Order 2005 (S.I. 2005/950) is accordingly revoked.

Section 120

SCHEDULE 15E+WApplication of sections 108 to 119 and transitional and transitory provision

1E+WIn this Schedule—

(a)the commencement date”, in relation to any of sections 108 to 118, means the day appointed under section 151 for the coming into force of that section;

(b)Chapter 6” means Chapter 6 of Part 12 of the 2003 Act, as amended by those sections;

(c)the 2003 Act” means the Criminal Justice Act 2003.

2(1)The following provisions apply in relation to any person who falls to be released under Chapter 6 on or after the commencement date—E+W

(a)section 108 (but this is subject to sub-paragraph (3));

(b)in section 110—

(i)subsections (1) to (7), (9) and (12) so far as they relate to section 240ZA of the 2003 Act, and

(ii)subsection (10);

(c)section 111;

(d)section 115;

(e)section 116;

(f)Part 1 of Schedule 13 and section 110(13) so far as it relates to that Part (but this is subject to sub-paragraph (3)).

(2)Section 117 applies in relation to any person who falls to be released under Chapter 6, or (as the case may be) under Chapter 2 of Part 2 of the Crime (Sentences) Act 1997, on or after the commencement date.

(3)Where a court, before the commencement date, has given a direction under section 240(3) of the 2003 Act or section 246(2) of the Armed Forces Act 2006—

(a)if the number of days in relation to which the direction is given is greater than the number of days calculated under the new provisions, the direction continues to have effect (in place of the new provisions);

(b)in any other case, the direction ceases to have effect.

(4)In sub-paragraph (3) “the new provisions” means—

(a)where the direction was given under section 240(3) of the 2003 Act, section 240ZA of that Act;

(b)where the direction was given under section 246(2) of the Armed Forces Act 2006, section 246 of that Act as amended by Part 1 of Schedule 13.

3E+WThe following provisions apply in relation to any person sentenced on or after the commencement date—

(a)section 109;

(b)in section 110—

(i)subsections (1) to (7), (9) and (12) so far as they relate to section 240A of the 2003 Act, and

(ii)subsection (8).

4E+WThe amendments made by section 112 do not affect the release under Chapter 6 of any prisoner before the commencement date.

5E+WSection 113 applies in relation to any person recalled under section 254 of the 2003 Act before the commencement date (as well as in relation to any person recalled under that section on or after that date).

6E+WSection 114 applies in relation to any person recalled under that section on or after the commencement date.

7E+WSection 119 applies in relation to any person who, on the day on which this Act is passed, has served the relevant part of the sentence (as well as in relation to any person who, on that date, has not served that part).

Section 121

SCHEDULE 16E+WAmendments of Criminal Justice Act 2003: transitional and consequential provision

Part 1 E+WTransitional provision

1E+WThe Criminal Justice Act 2003 is amended as follows.

2E+WAfter section 267 insert—

267AApplication of Chapter 6 to pre-4 April 2005 cases

Schedule 20A (which modifies certain provisions of this Chapter as they apply to persons serving a sentence for an offence committed before 4 April 2005) has effect.

3E+WAfter Schedule 20 insert—

Section 267A

SCHEDULE 20AE+WApplication of Chapter 6 of Part 12 to pre-4 April 2005 cases

1In this Schedule—

  • the 1991 Act” means the Criminal Justice Act 1991;

  • the commencement date” means the date on which section 121 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force.

2Paragraphs 3 to 9 apply in relation to any person serving a sentence for an offence committed before 4 April 2005, whenever that sentence was imposed (see section 121(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012).

3(1)Any relevant period is to be treated, for the purposes of section 240ZA, as if it were a period for which the offender was remanded in custody in connection with the offence.

(2)Relevant period” means any period which would (but for the repeal of section 67 of the Criminal Justice Act 1967) be a relevant period within the meaning of that section (reduction of sentences by period spent in custody etc).

4Section 246 applies as if, in subsection (4)—

(a)the reference in paragraph (a) to section 227 or 228 were a reference to section 85 of the Sentencing Act;

(b)the reference in paragraph (d) to paragraph 9(1)(b) or (c) or 10(1)(b) or (c) of Schedule 8 were a reference to paragraph 4(1)(d) or 5(1)(d) of Schedule 3 to the Sentencing Act;

(c)in paragraph (g)—

(i)the reference to section 246 included a reference to section 34A of the 1991 Act,

(ii)the reference to section 255(1)(a) included a reference to section 38A(1)(a) or 39(1) or (2) of the 1991 Act, and

(iii)the reference to section 255(3) included a reference to section 38A(3) of the 1991 Act;

(d)the references in paragraph (h) to sections 248 and 254 included references to, respectively, sections 36 and 39(1) or (2) of the 1991 Act; and

(e)in paragraph (i), the words from “in the case of” to “relates” were omitted.

5(1)Where the person has been released on licence under Part 2 of the 1991 Act or under section 60 of the Criminal Justice Act 1967 before the commencement date, the person is to be treated as if the release had been under this Chapter.

(2)In particular, the following provisions apply.

(3)A licence under section 34A of the 1991 Act is to be treated as if it were a licence under section 246.

(4)A licence under section 36 of the 1991 Act is to be treated as if it were a licence under section 248.

(5)Any condition of a licence specified under section 37 of the 1991 Act is to have effect as if it were included under section 250 (whether or not the condition is of a kind which could otherwise be included under that section).

(6)Where the licence is, on the commencement date, subject to a suspension under section 38(2) of the 1991 Act, the suspension continues to have effect for the period specified by the court despite the repeal of that section.

(7)A licence under section 40A of the 1991 Act is to be treated as if it were a licence under this Chapter, except that in respect of any failure (before or after the commencement date) to comply with the conditions of the licence, the person is liable to be dealt with in accordance with section 40A(4) to (6) (despite the repeal of that section) and is not liable to be dealt with in any other way.

(8)Sub-paragraph (1) does not affect the duration of the licence.

6(1)Where a person has been recalled under Part 2 of the 1991 Act before the commencement date, the person is to be treated as if the recall had been under section 254.