The Access to Justice Act 1999 (Commencement No. 3, Transitional Provisions and Savings) Order 2000

Citation and interpretation

1.—(1) This Order may be cited as the Access to Justice Act 1999 (Commencement No. 3, Transitional Provisions and Savings) Order 2000.

(2) In this Order:

(a) “the Act” means the Access to Justice Act 1999 and references to a section, Part or Schedule by number alone mean the section, Part or Schedule so numbered in the Act;

“authorised” means authorised under regulation 15 of the Legal Advice and Assistance Regulations 1989(1) (clients resident abroad);

“clinical negligence proceedings” means proceedings which include:

(i)

a claim for damages in respect of 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); or

(ii)

a claim for damages in respect of professional negligence in the conduct of such a claim;

“the Commission” means the Legal Services Commission established under section 1 of the Act;

“criminal proceedings” means:

(i)

the proceedings mentioned in section 12(2) of the Act;

(ii)

applications for judicial review or habeas corpus relating to criminal investigations or proceedings;

(iii)

prison disciplinary hearings;

(iv)

representations to prison governors and other prison authorities regarding the status, security classification, discipline, transfer and treatment of prisoners;

(v)

representations to the Home Office relating to mandatory life sentences and other parole reviews;

(vi)

Parole Board proceedings;

(vii)

representations to the High Court against a voluntary bill of indictment;

(viii)

proceedings under the Criminal Procedure and Investigations Act 1996(2) to quash an acquittal;

(ix)

proceedings under RSC Order 115 in Schedule 1 to the Civil Procedure Rules 1998(3) for confiscation or forefiture in connection with criminal proceedings;

(x)

proceedings in a magistrates' court arising from failure to pay a fine or to obey an order of that court where such failure carries the risk of imprisonment;

(xi)

proceedings under sections 1, 2 and 4 of the Crime and Disorder Act 1998(4) relating to anti-social behaviour orders or sex offender orders;

(xii)

proceedings under section 8(1)(b) of the Crime and Disorder Act 1998 relating to parenting orders made where an anti-social behaviour order or a sex offender order is made in respect of a child;

(xiii)

proceedings under section 8(1)(c) of the Crime and Disorder Act 1998 relating to parenting orders made on the conviction of a child; and

(xiv)

applications to the Criminal Cases Review Commission;

“the Funding Code” means the Funding Code approved under section 9 of the Act;

“funded services” means services which are provided directly for a client and funded for that client by the Commission under sections 4 to 11 of the Act as part of the Community Legal Service;

“the 1988 Act” means the Legal Aid Act 1988(5); and

“personal injury proceedings” means proceedings (excluding proceedings for clinical negligence) for damages for personal injuries to, or the death of, the claimant or any other person, and “personal injuries” includes any disease and any impairment of a person’s physical or mental condition;

(b) subject to paragraph (c), unless the context requires otherwise, words and expressions defined in the Act shall have the same meaning in this Order;

(c) the following words and phrases shall have the same meaning as in the 1988 Act:

(i) “representation”;

(ii) “advice”;

(iii) “assistance”; and

(iv) “Legal Aid Board”.

(1)

S.I. 1989/340. These Regulations are revoked by virtue of the repeal of enabling provisions in the Legal Aid Act 1988 (c. 34) by the Access to Justice Act 1999 (c. 22), subject to savings and transitional provisions contained in this Order.

(2)

1996 c. 25.

(3)

S.I. 1998/3132, as amended by S.I. 1999/1008 and 2000/221.

(4)

1998 c. 37.

(5)

1988 c. 34.