PART 5Modern Slavery

I166Civil legal services under section 9 of LASPO: add-on services in relation to the national referral mechanism

1

Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services qualifying for legal aid) is amended as follows.

2

In paragraph 19 (judicial review)—

a

after sub-paragraph (1) insert—

Add-on services in relation to referral into the national referral mechanism

1A

Civil legal services provided to an individual in relation to referral into the national referral mechanism, in a case where the Director has determined the individual qualifies for any services described in sub-paragraph (1) that are of a description to which sub-paragraph (1B) applies (and has not withdrawn the determination).

1B

This sub-paragraph applies to services in relation to any immigration or asylum decision (or failure to make a decision) against which there is no right of appeal.

b

after sub-paragraph (2) insert—

2A

Sub-paragraph (1A) is subject to the exclusions in Part 2 of this Schedule.

c

after sub-paragraph (8) insert—

8AAdd-on services described in sub-paragraph (1A): specific exclusions

The add-on services described in sub-paragraph (1A) do not include—

a

advocacy, or

b

attendance at an interview conducted by the competent authority under the national referral mechanism for the purposes of a reasonable grounds decision or a conclusive grounds decision.

3

In each of paragraphs 25, 26, 27 and 27A (various immigration matters)—

a

after sub-paragraph (1) insert—

1AAdd-on services in relation to referral into the national referral mechanism

Civil legal services provided to an individual in relation to referral into the national referral mechanism, in a case where the Director has determined the individual qualifies for any services described in sub-paragraph (1) (and has not withdrawn that determination).

b

after sub-paragraph (2) insert—

3

Sub-paragraph (1A) is subject to the exclusions in Part 2 of this Schedule.

4Add-on services described in sub-paragraph (1A): specific exclusions

The add-on services described in sub-paragraph (1A) do not include—

a

advocacy, or

b

attendance at an interview conducted by the competent authority under the national referral mechanism for the purposes of a reasonable grounds decision or a conclusive grounds decision.

4

In paragraph 30 (immigration: rights to enter and remain)—

a

after sub-paragraph (1) insert—

1AAdd-on services in relation to referral into the national referral mechanism

Civil legal services provided to an individual in relation to referral into the national referral mechanism, in a case where the Director has determined the individual qualifies for any services described in sub-paragraph (1) (and has not withdrawn the determination).

b

after sub-paragraph (2) insert—

2A

Sub-paragraph (1A) is subject to the exclusions in Part 2 of this Schedule.

c

after sub-paragraph (3) insert—

3AAdd-on services described in sub-paragraph (1A): specific exclusions

The add-on services described in sub-paragraph (1A) do not include—

a

advocacy, or

b

attendance at an interview conducted by the competent authority under the national referral mechanism for the purposes of a reasonable grounds decision or a conclusive grounds decision.

5

In paragraph 31A (immigration, citizenship and nationality: separated children)—

a

after sub-paragraph (2) insert—

2AAdd-on services in relation to referral into the national referral mechanism

Civil legal services provided to an individual in relation to referral into the national referral mechanism, in a case where the Director has determined the individual qualifies for any services described in sub-paragraph (1) (and has not withdrawn the determination).

b

after sub-paragraph (3) insert—

3A

Sub-paragraph (2A) is subject to the exclusions in Part 2 of this Schedule.

3BAdd-on services described in sub-paragraph (2A): specific exclusions

The add-on services described in sub-paragraph (2A) do not include—

a

advocacy, or

b

attendance at an interview conducted by the competent authority under the national referral mechanism for the purposes of a reasonable grounds decision or a conclusive grounds decision.

6

In Part 4 of Schedule 1 to that Act (interpretation) after paragraph 7 insert—

8

In this Schedule—

  • “civil legal services provided to an individual in relation to referral into the national referral mechanism” means—

    1. a

      advice on the national referral mechanism, or

    2. b

      other civil legal services in connection with accessing that mechanism,

    provided to an individual before a reasonable grounds decision has been made in relation to that individual;

  • ”competent authority” (in relation to the national referral mechanism) means a person who is a competent authority of the United Kingdom for the purposes of the Council of Europe Convention on Action against Trafficking in Human Beings (done at Warsaw on 16 May 2005);

  • “national referral mechanism” means the national framework (known as the National Referral Mechanism) for identifying and referring potential victims of modern slavery and ensuring they receive appropriate support;

  • “reasonable grounds decision” and “conclusive grounds decision” have the same meaning as in Part 5 (modern slavery) of the Nationality and Borders Act 2022 (see section 69 of that Act).

7

Any amendment made by this section describing add-on services that may be provided to an individual where the Director of Legal Aid Casework has made a relevant determination does not apply to a determination made before the amendment comes into force.