The Legal Aid (Prescribed Panels) (Amendment) Regulations 1999

• “Family Franchise Panel” has the meaning given in regulation 5.

• “family proceedings” has the meaning given in regulation 6.

• “Immigration Franchise Panel” has the meaning given in regulation 7.

• “immigration proceedings” has the meaning given in regulation 8.

Right to select legal representative in family proceedings

5

There shall be a panel of authorised litigators, called the Family Franchise Panel, which shall comprise those authorised litigators who from time to time are authorised under a contract with the Board to provide representation and assistance by way of representation in claims to which regulation 6 applies.

6

1

This regulation applies to any family proceedings.

2

“Family proceedings” means proceedings which arise out of family relationships.

3

Proceedings which arise out of family relationships include:

a

proceedings in which the welfare of children is determined; and

b

all proceedings to which Parts III or IV of the Act apply under the following:

i

the Matrimonial Causes Act 19733;

ii

the Inheritance (Provision for Family and Dependants) Act 19754;

iii

the Adoption Act 19765;

iv

the Domestic Proceedings and Magistrates' Courts Act 19786;

v

the Matrimonial and Family Proceedings Act 19847;

vi

the Child Abduction and Custody Act 19858;

vii

the Family Law Act 19869;

viii

the Children Act 198910;

ix

section 30 of the Human Fertilisation and Embryology Act 199011;

x

sections 20 and 27 of the Child Support Act 199112;

xi

Part IV of the Family Law Act 199613;

xii

the inherent jurisdiction of the High Court in relation to children; and

xiii

in magistrates' courts, under section 43 of the National Assistance Act 194814, section 22 of the Maintenance Orders Act 195015, section 4 of the Maintenance Orders Act 195816, Part I of the Maintenance Orders (Reciprocal Enforcement) Act 197217 or section 106 of the Social Security Administration Act 199218.

4

“Family proceedings” does not include proceedings for judicial review.

5

The right conferred by section 32(1) of the Act, as regards representation and assistance by way of representation by an authorised litigator in respect of any proceedings to which this regulation applies, shall be exercisable only in relation to authorised litigators who are for the time being members of the Family Franchise Panel.

6

Paragraph (5) shall not affect the Board’s powers under section 32(2) of the Act (assignment, or limitation on selection, of legal representative).

Right to select legal representative in immigration proceedings

7

There shall be a panel of authorised litigators, called the Immigration Franchise Panel, which shall comprise those authorised litigators who from time to time are authorised under a contract with the Board to provide representation in claims to which regulation 8 applies.

8

1

This regulation applies to any immigration proceedings.

2

“Immigration proceedings” means any proceedings relating to immigration, nationality or asylum in:

a

the House of Lords;

b

the Court of Appeal; or

c

the High Court.

3

The right conferred by section 32(1) of the Act, as regards representation by an authorised litigator in respect of any proceedings to which this regulation applies, shall be exercisable only in relation to authorised litigators who are for the time being members of the Immigration Franchise Panel.

4

Paragraph (3) shall not affect the Board’s powers under section 32(2) of the Act (assignment, or limitation on selection, of legal representative).