Part 1

Legal aid

Supplementary

Foreign law
32
1
The civil legal services described in Part 1 of Schedule 1 do not include services relating to any law other than the law of England and Wales, except—
a
where express provision to the contrary is made by or under Part 1 of Schedule 1;
b
where such law is relevant for determining any issue relating to the law of England and Wales;
c
in other circumstances specified by the Lord Chancellor by order.
2
A determination by the Director or a court under section 13, 15 or 16 that an individual qualifies for advice, assistance or representation under this Part does not impose a duty on the Lord Chancellor to secure that services relating to any law other than the law of England and Wales are made available, except—
a
where such law is relevant for determining any issue relating to the law of England and Wales;
b
in other circumstances specified by the Lord Chancellor by order.
3
The Lord Chancellor may not make an order under subsection (1) or (2) unless the Lord Chancellor considers—
a
that it is necessary to make the order because failure to do so would result in a breach of—
i
an individual's Convention rights (within the meaning of the Human Rights Act 1998), or
ii
any rights of an individual to the provision of legal services that are assimilated enforceable rights, or
b
that it is appropriate to make the order having regard to any risk that failure to do so would result in such a breach.
Words in s. 32(3)(a)(ii) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 75(2)(b)