Law

Legal Aid, Sentencing and Punishment of Offenders Act 2012

United Kingdom · statute

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In force since 2026-10-26, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 180 provisions

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180 provisions

120 Application and transitional etc provision

Schedule 15 (application of sections 108 to 119 and transitional and transitory provision) has effect.

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121 Simplification of existing transitional provisions

(1) Chapter 6 of Part 12 of the Criminal Justice Act 2003 (“the 2003 Act”) is to apply to any person serving a sentence for an offence committed before 4 April 2005 (whenever that sentence was or is imposed). (2) Section 258 of the 2003 Act (release of fine defaulters and contemnors) is to apply to any person who was, before 4 April 2005, committed to prison or to be detained under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000— (a) in default of payment of a sum adjudged to be paid by a conviction, or (b) for contempt of court or any kindred offence. (3) In accordance with subsections (1) and (2)— (a) the repeal of Part 2 of the Criminal Justice Act 1991 which is made by section 303(a) of the 2003 Act has effect in relation to any person mentioned in those subsections; (b) paragraphs 15 to 18, 19(a), (c) and (d), 20, 22 to 28 and 30 to 34 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2008 (S.I. 2005/950) (which relate to the coming into force of provisions of Chapter 6 of Part 12 of the 2003 Act) are revoked. (4) Section 86 of the Powers of Criminal Courts (Sentencing) Act 2000 (extension of periods in custody and on licence in the case of certain sexual offences) is repealed. (5) Schedule 16 (transitional and other provision consequential on this section) has effect. (6) Schedule 17 (amendments to the 2003 Act restating the effect of certain transitional and other provision relating to the release and recall of prisoners) has effect.

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122 Life sentence for second listed offence

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Schedule 19 (life sentence for second listed offence: consequential and transitory provision) has effect.

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123 Abolition of certain sentences for dangerous offenders

In Chapter 5 of Part 12 of the Criminal Justice Act 2003 (sentencing: dangerous offenders) omit— (a) section 225(3) to (4) (imprisonment for public protection for serious offences), (b) section 226(3) to (4) (detention for public protection for serious offences), (c) section 227 (extended sentence for certain violent or sexual offences: persons 18 or over), and (d) section 228 (extended sentence for certain violent or sexual offences: persons under 18).

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124 New extended sentences

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125 New extended sentences: release on licence etc

(1) Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release and recall) is amended as follows. (2) In section 244(1) (duty to release prisoners on licence) (as amended by Schedule 14 to this Act) after “243A” insert “ , 246A ”. (3) After section 246 insert— Release on licence of prisoners serving extended sentence under section 226A or 226B 246A (1) This section applies to a prisoner (“P”) who is serving an extended sentence imposed under section 226A or 226B. (2) It is the duty of the Secretary of State to release P on licence under this section as soon as P has served the requisite custodial period for the purposes of this section unless either or both of the following conditions are met— (a) the appropriate custodial term is 10 years or more; (b) the sentence was imposed in respect of an offence listed in Parts 1 to 3 of Schedule 15B or in respect of offences that include one or more offences listed in those Parts of that Schedule. (3) If either or both of those conditions are met, it is the duty of the Secretary of State to release P on licence in accordance with subsections (4) to (7). (4) The Secretary of State must refer P's case to the Board— (a) as soon as P has served the requisite custodial period, and (b) where there has been a previous reference of P's case to the Board under this subsection and the Board did not direct P's release, not later than the second anniversary of the disposal of that reference. (5) It is the duty of the Secretary of State to release P on licence under this section as soon as— (a) P has served the requisite custodial period, and (b) the Board has directed P's release under this section. (6) The Board must not give a direction under subsection (5) unless— (a) the Secretary of State has referred P's case to the Board, and (b) the Board is satisfied that it is no longer necessary for the protection of the public that P should be confined. (7) It is the duty of the Secretary of State to release P on licence under this section as soon as P has served the appropriate custodial term, unless P has previously been released on licence under this section and recalled under section 254 (provision for the release of such persons being made by section 255C). (8) For the purposes of this section— “appropriate custodial term” means the term determined as such by the court under section 226A or 226B (as appropriate); “the requisite custodial period” means— in relation to a person serving one sentence, two-thirds of the appropriate custodial term, and in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2). (4) Schedule 20 (release of new extended sentence prisoners: consequential amendments of Chapter 6 of Part 12 of the Criminal Justice Act 2003) has effect.

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126 Sections 123 to 125: consequential and transitory provision

Schedule 21 (abolition of certain sentences for dangerous offenders and new extended sentences: consequential and transitory provision) has effect.

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127 Dangerous offenders subject to service law etc

Schedule 22 (dangerous offenders subject to service law etc) has effect.

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128 Power to change test for release on licence of certain prisoners

(1) The Secretary of State may by order provide that, following a referral by the Secretary of State of the case of a discretionary release prisoner, the Parole Board— (a) must direct the prisoner's release if it is satisfied that conditions specified in the order are met, or (b) must do so unless it is satisfied that conditions specified in the order are met. (2) “Discretionary release prisoner” means— (a) an IPP prisoner, (b) an extended sentence prisoner, (bza) a prisoner whose case has been referred to the Parole Board under section 244ZB of the Criminal Justice Act 2003 (power to refer to Parole Board in place of automatic release), (ba) a section 236A prisoner, (bb) a terrorist prisoner, eligible for discretionary release or (c) a person , other than a terrorist prisoner, eligible for discretionary release to whom paragraph 4, 15, 24 or 27 of Schedule 20B to the Criminal Justice Act 2003 (determinate sentence prisoners subject to transitional provisions) applies. (3) An order under this section may— (a) amend section 28 of the Crime (Sentences) Act 1997 (duty to release IPP prisoners and others), (aza) amend section 28ZA of the Crime (Sentences) Act 1997 (public protection decisions), as that section applies for the purposes of section 28 or 32 of that Act, (aa) amend section 32 of the Crime (Sentences) Act 1997 (recall of IPP prisoners and others while on licence and further release), (aaza) amend section 237A of the Criminal Justice Act 2003 (public protection decisions), as that section applies for the purposes of a provision of that Act mentioned in any of paragraphs (aaa) to (c) below, (aaa) amend section 244ZC of the Criminal Justice Act 2003 (proceedings following reference under section 244ZB of that Act), (ab) amend section 244A of the Criminal Justice Act 2003 (release on licence of section 236A prisoners), (b) amend section 246A of the Criminal Justice Act 2003 (release on licence of extended sentence prisoners), (ba) amend section 247A of the Criminal Justice Act 2003 (restricted eligibility for release on licence of terrorist prisoners); (c) amend paragraph 6, 15, 25 or 28 of Schedule 20B to the Criminal Justice Act 2003 (release on licence of determinate sentence prisoners subject to transitional provisions), (d) make provision in relation to any person whose case is disposed of by the Parole Board on or after the day on which the regulations come into force (even if the Secretary of State referred that person's case to the Board before that day), (e) make different provision in relation to each of the categories of discretionary release prisoner mentioned in subsection (2), and (f) include consequential provision. (4) An order under this section is to be made by statutory instrument. (5) A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (6) In this section— “extended sentence prisoner” means a prisoner , other than one to whom section 247A of the Criminal Justice Act 2003 applies, who is serving a sentence under section 226A or 226B of the Criminal Justice Act 2003 or section 254, 266 or 279 of the Sentencing Code (including one imposed as a result of section 219A or 221A of the Armed Forces Act 2006); “IPP prisoner” means a prisoner who is serving one or more of the following sentences and is not serving any other life sentence— a sentence of imprisonment for public protection or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003 (including one imposed as a result of section 219 of the Armed Forces Act 2006); a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003 (including one imposed as a result of section 221 of the Armed Forces Act 2006); “life sentence” has the same meaning as in section 34 of the Crime (Sentences) Act 1997; “section 236A prisoner” means a prisoner , other than one to whom section 247A of the Criminal Justice Act 2003 applies, who is serving a sentence under section 236A of the Criminal Justice Act 2003 or section 265 or 278 of the Sentencing Code (including one imposed as a result of section 224A of the Armed Forces Act 2006); “terrorist prisoner eligible for discretionary release” means a prisoner to whom section 247A (3) to (5) of the Criminal Justice Act 2003 applies (or would apply but for the prisoner‘s release on licence).

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130 Transfer of prisoners: prosecution of other offences

In the Repatriation of Prisoners Act 1984, after section 3 insert— Prosecution of other offences 3A (1) This section applies where— (a) a person has been transferred into Great Britain under a warrant under section 1, and (b) the international arrangements in accordance with which the person has been transferred contain a speciality provision. (2) The person must not, unless a condition in subsection (3) is met— (a) be prosecuted for any offence committed before the departure of that person from the country or territory from which that person has been transferred, or (b) be detained or otherwise subjected to any restriction of liberty for any offence committed before the departure of that person from the country or territory from which that person has been transferred, other than the offence in respect of which the person has been transferred. (3) For the purposes of subsection (2), the conditions are as follows— (a) the person has consented to the transfer; (b) the offence is an offence which is not punishable with imprisonment or another form of detention; (c) the offence is an offence in respect of which the person will not be detained in connection with the person's trial, sentence or appeal; (d) the person is given an opportunity to leave Great Britain and— (i) the person does not do so before the end of the permitted period, or (ii) if the person does so before the end of the permitted period, the person subsequently returns to Great Britain; (e) after the transfer has taken place, the person has made a renunciation of the application of subsection (2) to the offence; (f) the appropriate authority of the country or territory from which the person has been transferred consents to the prosecution of the offence. (4) For the purpose of subsection (3)(d) the “permitted period” is 45 days starting with the day on which the person's sentence ends. (5) For the purpose of subsection (3)(e) a renunciation must be made before a court before which the person may be prosecuted for that offence. (6) In this section a “speciality provision” means a provision preventing or limiting the prosecution, detention or other restriction of liberty of the person (“P”) for any offence committed before the departure of P from the country or territory from which P has been transferred, other than for the offence in respect of which P has been transferred.

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131 Transit of prisoners

(1) In the Repatriation of Prisoners Act 1984, after section 6 insert— Transit 6A (1) The relevant Minister may issue a transit order where— (a) the United Kingdom is a party to international arrangements providing for the transfer between the United Kingdom and a country or territory outside the British Islands of persons to whom subsection (2) applies; and (b) the relevant Minister has received a request from the appropriate authority of that country or territory in accordance with those arrangements for the transit of a person to whom subsection (2) applies through a part of Great Britain. (2) A person falls within this subsection if— (a) that person is for the time being required to be detained in a prison, a hospital or any other institution either— (i) by virtue of an order made in the course of the exercise by a court or tribunal in a country or territory outside the British Islands of its criminal jurisdiction; or (ii) by virtue of any provisions of the law of such a country or territory which are similar to any of the provisions of this Act; and (b) except in a case where a transit request is made in the circumstances described in section 6D (1), that person is present in a country or territory outside the British Islands. (3) The relevant Minister may issue a transit order where— (a) international arrangements apply to any of the Channel Islands or the Isle of Man which provide for the transfer between that island and a country or territory outside the British Islands of persons to whom subsection (4) applies; and (b) the relevant Minister has received a request from the appropriate authority of that island for the transit of a person to whom subsection (4) applies through a part of Great Britain. (4) A person falls within this subsection if— (a) that person is for the time being required to be detained in a prison, a hospital or any other institution either— (i) by virtue of an order made in the course of the exercise of its criminal jurisdiction by a court or tribunal in the island from which the transit request is made; or (ii) by virtue of any provisions of the law of that island which are similar to any of the provisions of this Act; and (b) except in a case where a transit request is made in the circumstances described in section 6D(1), that person is present in that island. (5) Terms used in subsection (2)(a) or (4)(a) have the same meaning as in section 1(7). (6) In this section and sections 6B, 6C and 6D “transit order” means an order issued by the relevant Minister, in respect of a person who has been the subject of a request within subsection (1)(b) or (3)(b), which authorises the detention of that person in any part of Great Britain at any time when that person is in transit. (7) In subsection (6) “detention” includes detention while the person is being taken from one place to another place within Great Britain. (8) A person may be detained pursuant to a transit order only for as long as is reasonable and necessary to allow the transit to take place. (9) In this section and section 6B “relevant Minister” means— (a) the Scottish Ministers, in a case where it is proposed that the person who is the subject of a request under subsection (1)(b) or (3)(b) will, whilst in transit— (i) be present only in Scotland, or (ii) arrive in Scotland before being taken to another part of Great Britain; (b) the Secretary of State, in any other case. (10) For the purposes of this section and sections 6B and 6C a person who is the subject of a transit order is “in transit” at any time during the period beginning with the arrival of that person in Great Britain and ending with the removal of that person from Great Britain. Transit: supplementary 6B (1) A person who is the subject of a transit order is deemed to be in the legal custody of the relevant Minister at any time when that person is in transit. (2) A constable may for the purposes of a transit order detain a person who is the subject of that order. (3) The relevant Minister may, from time to time, designate any person as a person who is for the time being authorised for the purposes of a transit order to detain a person under the order. (4) A person authorised under subsection (3) has all the powers, authority, protection and privileges of a constable in any part of Great Britain in which the person who is the subject of the transit order is for the time being. (5) If a person who is the subject of a transit order escapes or is unlawfully at large, that person may be arrested without warrant by a constable. (6) A constable may search a person who is the subject of a transit order, and any item in the possession of that person, for any item which that person might use— (a) to cause physical injury to that person or to any other person; or (b) to assist that person to escape from detention. (7) The power conferred by subsection (6) does not authorise a constable to require a person to remove any clothing other than an outer coat, jacket, headgear or gloves. (8) The power conferred by subsection (6) includes power to use reasonable force where necessary. (9) A constable searching a person in the exercise of the power conferred by subsection (6) may seize any item found if the constable has reasonable grounds for believing that the person searched might use the item — (a) to cause physical injury to that person or to any other person; or (b) to assist that person to escape from detention. (10) Any item seized from a person under subsection (9) may be retained while that person is in transit. (11) In this section “constable” means— (a) any person who is a constable in any part of Great Britain or who has, under any enactment (including subsection (4) above), the powers of a constable in any part of Great Britain, or (b) any person who is a prison officer within the meaning of section 117(1) of the Criminal Justice and Public Order Act 1994. (12) A person who is a constable by virtue of subsection (11)(a) has, for the purposes of section 6A, this section and section 6C, all the powers, authority, protection and privileges of a constable in any part of Great Britain in which a person who is the subject of a transit order is for the time being. Transit through different parts of Great Britain 6C (1) Where the Scottish Ministers issue a transit order and it is proposed that the person who is the subject of the order will be taken to a part of Great Britain other than Scotland whilst in transit, they must notify the Secretary of State. (2) The Scottish Ministers need not notify the Secretary of State where the Secretary of State has agreed in writing to the transit order. (3) Unless the Secretary of State agrees in writing to the transit order, that order authorises the detention of the person subject to it in Scotland only. (4) But where the person escapes or is unlawfully at large, the order also authorises— (a) the arrest of the person under section 6B(5) in a part of Great Britain other than Scotland, and (b) the detention of the person in that part by a constable (within the meaning of that section) for the purpose of taking the person to Scotland. (5) Where the Secretary of State issues a transit order and it is proposed that the person who is the subject of the order will be taken to Scotland whilst in transit, the Secretary of State must notify the Scottish Ministers. (6) The Secretary of State need not notify the Scottish Ministers where the Scottish Ministers have agreed in writing to the transit order. (7) Unless the Scottish Ministers agree in writing to the transit order, that order authorises the detention of the person subject to it only in a part of Great Britain other than Scotland. (8) But where the person escapes or is unlawfully at large, the order also authorises— (a) the arrest of the person under section 6B(5) in Scotland, and (b) the detention of the person in Scotland by a constable (within the meaning of that section) for the purpose of taking the person to a part of Great Britain other than Scotland. Transit: unscheduled arrivals 6D (1) This section applies where— (a) a person is being transferred between two countries or territories outside the United Kingdom in accordance with international arrangements between those two countries or territories providing for the transfer of persons within section 6A(2)(a) or (4)(a), (b) the United Kingdom is a party to international arrangements of the kind mentioned in section 6A(1)(a) with at least one of those countries or territories such that the country or territory can make a request under section 6A(1)(b), and (c) the person makes an unscheduled arrival in Great Britain. (2) A constable may detain a person to whom subsection (1) applies until the expiry of the period of 72 hours beginning with the person's arrival in Great Britain or until a transit order is issued under section 6A in respect of that person, whichever is the sooner. (3) In this section “constable” means any person who is a constable in any part of Great Britain or who has, under any enactment (including section 6B(4) above), the powers of a constable in any part of Great Britain. (4) A person who is a constable by virtue of subsection (3) has for the purposes of this section all the powers, authority, protection and privileges of a constable in the part of Great Britain in which the person mentioned in subsection (2) is for the time being. (2) In section 9 of the Repatriation of Prisoners Act 1984 (short title, commencement and extent)— (a) at the beginning of subsection (3) insert “ Subject to subsection (3A), ”, and (b) after that subsection insert— (3A) Sections 3A and 6A to 6D extend to England and Wales and Scotland only.

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132 Penalty notices for disorderly behaviour

Schedule 23 (penalty notices for disorderly behaviour) has effect.

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133 Conditional cautions: involvement of prosecutors

(1) The Criminal Justice Act 2003 is amended as follows. (2) In section 22(3A) (conditions that may be attached to a conditional caution) for “by a relevant prosecutor” substitute “ in the condition ”. (3) In section 23(2) (relevant prosecutor must decide there is sufficient evidence to prosecute and that a conditional caution should be given) after “a relevant prosecutor” insert “ or the authorised person ”. (4) In section 23A(5) (relevant prosecutor must specify amount of financial penalty and how it is to be paid etc) for “a relevant prosecutor must also” substitute “ the condition must ”. (5) In section 23B (variation of conditions by relevant prosecutor) after “A relevant prosecutor” insert “ or an authorised person ”. (6) In section 25 (code of practice) in subsection (2)(ga) (Secretary of State's code of practice may include provision about what a relevant prosecutor may provide under section 23A(5)(b)) for “by a relevant prosecutor” substitute “ in a condition ”.

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134 Conditional cautions: removal etc of certain foreign offenders

In section 22 of the Criminal Justice Act 2003 (conditional cautions)— (a) in subsection (3) (both as originally enacted and as substituted by section 17 of the Police and Justice Act 2006) (conditions attached to conditional cautions to have certain objects) for “ such a caution ” substitute “any conditional caution”, and (b) after subsection (3C) insert— (3D) A conditional caution given to a relevant foreign offender may have conditions attached to it that have one or more of the objects mentioned in subsection (3E) (whether or not in addition to conditions with one or more of the objects mentioned in subsection (3)). (3E) The objects are— (a) bringing about the departure of the relevant foreign offender from the United Kingdom; (b) ensuring that the relevant foreign offender does not return to the United Kingdom for a period of time. (3F) If a relevant foreign offender is given a conditional caution with a condition attached to it with the object of ensuring that the offender does not return to the United Kingdom for a period of time, the expiry of that period does not of itself give rise to any right on the part of the offender to return to the United Kingdom. (3G) In this section “relevant foreign offender” means— (a) an offender directions for whose removal from the United Kingdom have been, or may be, given under— (i) Schedule 2 to the Immigration Act 1971, or (ii) section 10 of the Immigration and Asylum Act 1999, or (b) an offender against whom a deportation order under section 5 of the Immigration Act 1971 is in force.

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135 Youth cautions

(1) Omit sections 65 (reprimands and warning) and 66 (effect of reprimands and warnings) of the Crime and Disorder Act 1998. (2) Before section 66A of that Act insert— Young offenders: youth cautions Youth cautions 66ZA (1) A constable may give a child or young person (“Y”) a caution under this section (a “youth caution”) if— (a) the constable decides that there is sufficient evidence to charge Y with an offence, (b) Y admits to the constable that Y committed the offence, and (c) the constable does not consider that Y should be prosecuted or given a youth conditional caution in respect of the offence. (2) A youth caution given to a person under the age of 17 must be given in the presence of an appropriate adult. (3) If a constable gives a youth caution to a person, the constable must explain the matters referred to in subsection (4) in ordinary language to— (a) that person, and (b) where that person is under the age of 17, the appropriate adult. (4) Those matters are— (a) the effect of subsections (1) to (3) and (5) to (7) of section 66ZB, and (b) any guidance issued under subsection (4) of that section. (5) The Secretary of State must publish, in such manner as the Secretary of State considers appropriate, guidance as to— (a) the circumstances in which it is appropriate to give youth cautions, (b) the places where youth cautions may be given, (c) the category of constable by whom youth cautions may be given, and (d) the form which youth cautions are to take and the manner in which they are to be given and recorded. (6) No caution other than a youth caution or a youth conditional caution may be given to a child or young person. (7) In this Chapter “appropriate adult”, in relation to a child or young person, means— (a) a parent or guardian of the child or young person, (b) if the child or young person is in the care of a local authority or voluntary organisation, a person representing that authority or organisation, (c) a social worker of a local authority, or (d) if no person falling within paragraph (a), (b) or (c) is available, any responsible person aged 18 or over who is not a police officer or a person employed by the police. Effect of youth cautions 66ZB (1) If a constable gives a youth caution to a person, the constable must as soon as practicable refer the person to a youth offending team. (2) Subject to subsection (3), on a referral of a person under subsection (1), the youth offending team— (a) must assess the person, and (b) unless they consider it inappropriate to do so, must arrange for the person to participate in a rehabilitation programme. (3) If the person has not previously been referred under subsection (1) and has not previously been given a youth conditional caution, the youth offending team— (a) may assess the person, and (b) may arrange for the person to participate in a rehabilitation programme. (4) The Secretary of State must publish, in such manner as the Secretary of State considers appropriate, guidance as to— (a) what should be included in a rehabilitation programme arranged for a person under subsection (2) or (3), (b) the manner in which any failure by a person to participate in a programme is to be recorded, and (c) the persons to whom any such failure must be notified. (5) Subsection (6) applies if— (a) a person who has received two or more youth cautions is convicted of an offence committed within two years beginning with the date of the last of those cautions, or (b) a person who has received a youth conditional caution followed by a youth caution is convicted of an offence committed within two years beginning with the date of the youth caution. (6) The court by or before which the person is convicted— (a) must not make an order under section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000 (conditional discharge) in respect of the offence unless it is of the opinion that there are exceptional circumstances relating to the offence or the person that justify it doing so, and (b) where it does so, must state in open court that it is of that opinion and its reasons for that opinion. (7) There may be cited in criminal proceedings— (a) a youth caution given to a person, and (b) a report on a failure by a person to participate in a rehabilitation programme arranged for the person under subsection (2) or (3), in the same circumstances as a conviction of the person may be cited. (8) In this section “rehabilitation programme” means a programme with the purpose of rehabilitating participants and preventing them from re-offending. (3) Schedule 24 (youth cautions: consequential amendments) has effect. (4) The amendments made by this section and that Schedule do not apply in relation to an offence committed before they come into force. (5) A reprimand or warning of a person under section 65 of the Crime and Disorder Act 1998, or any caution treated as such by virtue of paragraph 5 of Schedule 9 to that Act, is to be treated for the purposes of any enactment or instrument (whenever passed or made) as a youth caution given to that person under section 66ZA(1) of that Act. (6) A referral of a person to a youth offending team under section 66(1) of the Crime and Disorder Act 1998 is to be treated for the purposes of section 66ZB of that Act as a referral under that section. (7) A rehabilitation programme provided under section 66 of the Crime and Disorder Act 1998 is to be treated for the purposes of any enactment or instrument (whenever passed or made) as provided under section 66ZB of that Act.

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136 Youth conditional cautions: previous convictions

In section 66A(1) of the Crime and Disorder Act 1998 (requirements to be met before youth conditional caution may be given) omit paragraph (a) and the “and” at the end of that paragraph (requirement of no previous convictions).

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137 Youth conditional cautions: references to youth offending teams

In section 66A of the Crime and Disorder Act 1998 (youth conditional cautions) after subsection (6) insert— (6A) If an authorised person gives a youth conditional caution to an offender, the authorised person must as soon as practicable refer the offender to a youth offending team.

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138 Youth conditional cautions: involvement of prosecutors

(1) The Crime and Disorder Act 1998 is amended as follows. (2) In section 66A(4) (conditions that may be attached to a youth conditional caution) for “by a relevant prosecutor” substitute “ in the condition ”. (3) In section 66B(2) (relevant prosecutor must decide that there is sufficient evidence to prosecute and that a conditional caution should be given) after “a relevant prosecutor” insert “ or the authorised person ”. (4) In section 66C(5) (relevant prosecutor must specify amount of financial penalty and how it must be paid etc) for “a relevant prosecutor must also” substitute “ the condition must ”. (5) In section 66D (variation of conditions by relevant prosecutor) after “A relevant prosecutor” insert “ or an authorised person ”. (6) In section 66G (code of practice) in subsection (2)(h) (Secretary of State's code of practice may include provision about what a relevant prosecutor may provide under section 66C(5)(b)) for “by a relevant prosecutor” substitute “ in a condition ”.

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139 Establishment or alteration of rehabilitation periods

(1) The Rehabilitation of Offenders Act 1974 is amended as follows. (2) In section 5(1)(b) and (d) (sentences excluded from rehabilitation) for “thirty months” substitute “ forty eight months ”. (3) In the opening words of section 5(1A) (references to provisions of the Armed Forces Act 2006) for “subsection (1)(d)” substitute “ this section ”. (4) For section 5(2) to (11) (rehabilitation periods) substitute— (2) For the purposes of this Act and subject to subsections (3) and (4), the rehabilitation period for a sentence is the period— (a) beginning with the date of the conviction in respect of which the sentence is imposed, and (b) ending at the time listed in the following Table in relation to that sentence: Sentence | End of rehabilitation period for adult offenders | End of rehabilitation period for offenders under 18 at date of conviction A custodial sentence of more than 30 months and up to, or consisting of, 48 months | The end of the period of 7 years beginning with the day on which the sentence (including any licence period) is completed | The end of the period of 42 months beginning with the day on which the sentence (including any licence period) is completed A custodial sentence of more than 6 months and up to, or consisting of, 30 months | The end of the period of 48 months beginning with the day on which the sentence (including any licence period) is completed | The end of the period of 24 months beginning with the day on which the sentence (including any licence period) is completed A custodial sentence of 6 months or less | The end of the period of 24 months beginning with the day on which the sentence (including any licence period) is completed | The end of the period of 18 months beginning with the day on which the sentence (including any licence period) is completed Removal from Her Majesty's service | The end of the period of 12 months beginning with the date of the conviction in respect of which the sentence is imposed | The end of the period of 6 months beginning with the date of the conviction in respect of which the sentence is imposed A sentence of service detention | The end of the period of 12 months beginning with the day on which the sentence is completed | The end of the period of 6 months beginning with the day on which the sentence is completed A fine | The end of the period of 12 months beginning with the date of the conviction in respect of which the sentence is imposed | The end of the period of 6 months beginning with the date of the conviction in respect of which the sentence is imposed A compensation order | The date on which the payment is made in full | The date on which the payment is made in full A community or youth rehabilitation order | The end of the period of 12 months beginning with the day provided for by or under the order as the last day on which the order is to have effect | The end of the period of 6 months beginning with the day provided for by or under the order as the last day on which the order is to have effect A relevant order | The day provided for by or under the order as the last day on which the order is to have effect | The day provided for by or under the order as the last day on which the order is to have effect (3) Where no provision is made by or under a community or youth rehabilitation order or a relevant order for the last day on which the order is to have effect, the rehabilitation period for the order is to be the period of 24 months beginning with the date of conviction. (4) There is no rehabilitation period for— (a) an order discharging a person absolutely for an offence, or (b) any other sentence in respect of a conviction where the sentence is not dealt with in the Table or under subsection (3), and, in such cases, references in this Act to any rehabilitation period are to be read as if the period of time were nil. (5) See also— (a) section 8AA (protection afforded to spent alternatives to prosecution), and (b) Schedule 2 (protection for spent cautions). (6) The Secretary of State may by order amend column 2 or 3 of the Table or the number of months for the time being specified in subsection (3). (7) For the purposes of this section— (a) consecutive terms of imprisonment or other custodial sentences are to be treated as a single term, (b) terms of imprisonment or other custodial sentences which are wholly or partly concurrent (that is terms of imprisonment or other custodial sentences imposed in respect of offences of which a person was convicted in the same proceedings) are to be treated as a single term, (c) no account is to be taken of any subsequent variation, made by a court dealing with a person in respect of a suspended sentence of imprisonment, of the term originally imposed, (d) no account is to be taken of any subsequent variation of the day originally provided for by or under an order as the last day on which the order is to have effect, (e) no account is to be taken of any detention or supervision ordered by a court under section 104(3) of the Powers of Criminal Courts (Sentencing) Act 2000, (f) a sentence imposed by a court outside England and Wales is to be treated as the sentence mentioned in this section to which it most closely corresponds. (8) In this section— “community or youth rehabilitation order” means— a community order under section 177 of the Criminal Justice Act 2003, a service community order or overseas community order under the Armed Forces Act 2006, a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008, or any order of a kind superseded (whether directly or indirectly) by an order mentioned in paragraph (a), (b) or (c), “custodial sentence” means— a sentence of imprisonment, a sentence of detention in a young offender institution, a sentence of Borstal training, a sentence of youth custody, a sentence of corrective training, a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 209 of the Armed Forces Act 2006, a detention and training order under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 or an order under section 211 of the Armed Forces Act 2006, any sentence of a kind superseded (whether directly or indirectly) by a sentence mentioned in paragraph (f) or (g), “earlier statutory order” means— an order under section 54 of the Children and Young Persons Act 1933 committing the person convicted to custody in a remand home, an approved school order under section 57 of that Act, or any order of a kind superseded (whether directly or indirectly) by an order mentioned in any of paragraphs (c) to (e) of the definition of “relevant order” or in paragraph (a) or (b) above, “relevant order” means— an order discharging a person conditionally for an offence, an order binding a person over to keep the peace or be of good behaviour, an order under section 1(2A) of the Street Offences Act 1959, a hospital order under Part 3 of the Mental Health Act 1983 (with or without a restriction order), a referral order under section 16 of the Powers of Criminal Courts (Sentencing) Act 2000, an earlier statutory order, or any order which imposes a disqualification, disability, prohibition or other penalty and is not otherwise dealt with in the Table or under subsection (3), but does not include a reparation order under section 73 of the Powers of Criminal Courts (Sentencing) Act 2000, “removal from Her Majesty's service” means a sentence of dismissal with disgrace from Her Majesty's service, a sentence of dismissal from Her Majesty's service or a sentence of cashiering or discharge with ignominy, “sentence of imprisonment” includes a sentence of penal servitude (and “term of imprisonment” is to be read accordingly), “sentence of service detention” means— a sentence of service detention (within the meaning given by section 374 of the Armed Forces Act 2006), or a sentence of detention corresponding to such a sentence, in respect of a conviction in service disciplinary proceedings, or any sentence of a kind superseded (whether directly or indirectly) by a sentence mentioned in paragraph (a). (5) In section 6 (subsequent convictions to extend the rehabilitation period applicable to a conviction)— (a) in subsection (5) (exception to rule for certain orders imposing disqualifications etc) for “in accordance with section 5(8) above” substitute “ by virtue of paragraph (g) of the definition of “relevant order” in section 5(8) above ”, and (b) omit subsection (6) (other exceptions to the rule). (6) After section 8A (protection afforded to spent cautions) insert— Protection afforded to spent alternatives to prosecution 8AA (1) The following provisions of this Act apply, with the modifications specified in subsection (3), to a spent alternative to prosecution as they apply to a spent caution— (a) section 9A (unauthorised disclosure of spent cautions), and (b) paragraphs 2 to 6 of Schedule 2 (protection relating to spent cautions and ancillary circumstances). (2) An alternative to prosecution becomes spent for the purposes of this Act when it becomes spent under the law of Scotland. (3) The modifications mentioned in subsection (1) are— (a) references to cautions are to be read as references to alternatives to prosecution (and references to cautioned are to be read accordingly), (b) references to the offence which was the subject of the caution are to be read as references to the offence in respect of which the alternative to prosecution was given, (c) paragraphs (e) and (f) of paragraph 2(1) of Schedule 2 are to be read as if they were— (e) anything done or undergone in pursuance of the terms of the alternative to prosecution, , (d) references to cautions for an offence are to be read as references to alternatives to prosecution in respect of an offence, and (e) the reference in paragraph 5 of Schedule 2 to the rehabilitation period applicable to the caution is to be read as a reference to the time at which the alternative to prosecution becomes spent. (4) In this section “alternative to prosecution” has the same meaning as in section 8B as that section has effect in the law of Scotland but disregarding subsection (1)(f) of that section. (7) In paragraph 1 of Schedule 2 (protection for spent cautions)— (a) in sub-paragraph (1)(a) (when conditional cautions to be regarded as spent cautions) for “, at the end of the relevant period for the caution;” substitute — (i) at the end of the period of three months from the date on which the caution is given, or (ii) if earlier, when the caution ceases to have effect; and , and (b) omit sub-paragraphs (2) and (3) (meaning of “the relevant period for the caution”).

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140 No rehabilitation for certain immigration or nationality purposes

Before section 57 of the UK Borders Act 2007 (and after the italic cross-heading before that section) insert— No rehabilitation for certain immigration or nationality purposes 56A (1) Section 4(1), (2) and (3) of the Rehabilitation of Offenders Act 1974 (effect of rehabilitation) do not apply— (a) in relation to any proceedings in respect of a relevant immigration decision or a relevant nationality decision, or (b) otherwise for the purposes of, or in connection with, any such decision. (2) In this section— “immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971, “relevant immigration decision” means any decision, or proposed decision, of the Secretary of State or an immigration officer under or by virtue of the Immigration Acts, or rules made under section 3 of the Immigration Act 1971 (immigration rules), in relation to the entitlement of a person to enter or remain in the United Kingdom (including, in particular, the removal of a person from the United Kingdom, whether by deportation or otherwise), “relevant nationality decision” means any decision, or proposed decision, of the Secretary of State under or by virtue of— the British Nationality Act 1981, the British Nationality (Hong Kong) Act 1990, or the Hong Kong (War Wives and Widows) Act 1996, in relation to the good character of a person. (3) The references in subsection (2) to the Immigration Acts and to the Acts listed in the definition of “relevant nationality decision” include references to any provision made under section 2(2) of the European Communities Act 1972, or of EU law, which relates to the subject matter of the Act concerned.

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141 Transitional and consequential provision

(1) Section 139 applies in relation to convictions or (as the case may be) cautions before the commencement date (as well as in relation to convictions or cautions on or after that date). (2) The Rehabilitation of Offenders Act 1974 (“the 1974 Act”) applies in relation to convictions or cautions before the commencement date as if the amendments and repeals made by section 139 had always had effect. (3) Where by virtue of subsection (2)— (a) a person would, before the commencement date, have been treated for the purposes of the 1974 Act as a rehabilitated person in respect of a conviction, or (b) a conviction would, before that date, have been treated for the purposes of that Act as spent, the person or conviction concerned is (subject to any order made by virtue of section 4(4) or 7(4) of that Act) to be so treated on and after that date. (4) Where by virtue of subsection (2)— (a) a person would, before the commencement date, have been treated as mentioned in paragraph 3(1) of Schedule 2 to the 1974 Act in respect of a caution, or (b) a caution would, before that date, have been treated for the purposes of that Act as spent, the person or caution concerned is (subject to any order made by virtue of paragraph 4 or 6(1) and (4) of that Schedule to that Act) to be so treated on and after that date. (5) But— (a) no person who, immediately before the commencement date— (i) is treated as a rehabilitated person for the purposes of the 1974 Act in respect of a conviction, or (ii) is treated as mentioned in paragraph 3(1) of Schedule 2 to that Act in respect of a caution, and (b) no conviction or caution which, immediately before the commencement date, is treated for the purposes of that Act as spent, is to cease to be so treated merely because of section 139. (6) Section 139 does not apply in relation to alternatives to prosecution given before the commencement date. (7) Section 140 applies in relation to convictions before the commencement date (as well as in relation to convictions on or after that date). (8) Section 140 applies as mentioned in subsection (7) above whether or not, immediately before the commencement date— (a) the person concerned is treated as a rehabilitated person for the purposes of the 1974 Act in respect of the conviction, or (b) the conviction is treated for the purposes of that Act as spent. (9) But section 140 does not affect— (a) any proceedings begun, but not completed, before the commencement date, (b) any applications for immigration or nationality decisions made, but not finally determined, before the commencement date, or (c) the validity of any proceedings, or any relevant immigration or nationality decision (within the meaning of section 56A of the UK Borders Act 2007) which is made, before the commencement date. (10) Schedule 25 (consequential provision) has effect. (11) Any reference in this section to section 139 is to be read as including a reference to Schedule 25. (12) In this section “the commencement date” means such day as may be specified by order of the Secretary of State made by statutory instrument; and different days may be specified for different purposes.

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142 Offences of threatening with article with blade or point or offensive weapon in public or on school premises

(1) In the Prevention of Crime Act 1953, after section 1 (prohibition of the carrying of offensive weapons without lawful authority or reasonable excuse) insert— Offence of threatening with offensive weapon in public 1A (1) A person is guilty of an offence if that person— (a) has an offensive weapon with him or her in a public place, (b) unlawfully and intentionally threatens another person with the weapon, and (c) does so in such a way that there is an immediate risk of serious physical harm to that other person. (2) For the purposes of this section physical harm is serious if it amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861. (3) In this section “public place” and “offensive weapon” have the same meaning as in section 1. (4) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding 4 years or to a fine, or to both. (5) Where a person aged 16 or over is convicted of an offence under this section, the court must impose an appropriate custodial sentence (with or without a fine) unless the court is of the opinion that there are particular circumstances which— (a) relate to the offence or to the offender, and (b) would make it unjust to do so in all the circumstances. (6) In this section “appropriate custodial sentence” means— (a) in the case of a person who is aged 18 or over when convicted, a sentence of imprisonment for a term of at least 6 months; (b) in the case of a person who is aged at least 16 but under 18 when convicted, a detention and training order of at least 4 months. (7) In considering whether it is of the opinion mentioned in subsection (5) in the case of a person aged under 18, the court must have regard to its duty under section 44 of the Children and Young Persons Act 1933. (8) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003, the reference in subsection (4)(a) to 12 months is to be read as a reference to 6 months. (9) In relation to times before the coming into force of paragraph 180 of Schedule 7 to the Criminal Justice and Court Services Act 2000, the reference in subsection (6)(a) to a sentence of imprisonment, in relation to an offender aged under 21 at the time of conviction, is to be read as a reference to a sentence of detention in a young offender institution. (10) If on a person's trial for an offence under this section (whether on indictment or not) the person is found not guilty of that offence but it is proved that the person committed an offence under section 1, the person may be convicted of the offence under that section. (2) In the Criminal Justice Act 1988 after section 139A (offence of having article with blade or point or offensive weapon on school premises) insert— Offence of threatening with article with blade or point or offensive weapon 139AA (1) A person is guilty of an offence if that person— (a) has an article to which this section applies with him or her in a public place or on school premises, (b) unlawfully and intentionally threatens another person with the article, and (c) does so in such a way that there is an immediate risk of serious physical harm to that other person. (2) In relation to a public place this section applies to an article to which section 139 applies. (3) In relation to school premises this section applies to each of these— (a) an article to which section 139 applies; (b) an offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953. (4) For the purposes of this section physical harm is serious if it amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861. (5) In this section— “public place” has the same meaning as in section 139; “school premises” has the same meaning as in section 139A. (6) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding 4 years or to a fine, or to both. (7) Where a person aged 16 or over is convicted of an offence under this section, the court must impose an appropriate custodial sentence (with or without a fine) unless the court is of the opinion that there are particular circumstances which— (a) relate to the offence or to the offender, and (b) would make it unjust to do so in all the circumstances. (8) In this section “appropriate custodial sentence” means— (a) in the case of a person who is aged 18 or over when convicted, a sentence of imprisonment for a term of at least 6 months; (b) in the case of a person who is aged at least 16 but under 18 when convicted, a detention and training order of at least 4 months. (9) In considering whether it is of the opinion mentioned in subsection (7) in the case of a person aged under 18, the court must have regard to its duty under section 44 of the Children and Young Persons Act 1933. (10) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003, the reference in subsection (6)(a) to 12 months is to be read as a reference to 6 months. (11) In relation to times before the coming into force of paragraph 180 of Schedule 7 to the Criminal Justice and Court Services Act 2000, the reference in subsection (8)(a) to a sentence of imprisonment, in relation to an offender aged under 21 at the time of conviction, is to be read as a reference to a sentence of detention in a young offender institution. (12) If on a person's trial for an offence under this section (whether on indictment or not) the person is found not guilty of that offence but it is proved that the person committed an offence under section 139 or 139A, the person may be convicted of the offence under that section. (3) Schedule 26 (knives and offensive weapons: minor and consequential amendments) has effect.

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143 Offence of causing serious injury by dangerous driving

(1) The Road Traffic Act 1988 is amended as follows. (2) After section 1 insert— Causing serious injury by dangerous driving 1A (1) A person who causes serious injury to another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence. (2) In this section “serious injury” means— (a) in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861, and (b) in Scotland, severe physical injury. (3) In section 2A (meaning of dangerous driving) in subsections (1) and (2) after “sections 1” insert “ , 1A ”. (4) Section 1A inserted by subsection (2) has effect only in relation to driving occurring after that subsection comes into force. (5) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences under the Traffic Acts) in the appropriate place insert— RTA section 1A | Causing serious injury by dangerous driving. | (a) Summarily. | (a) 12 months or the statutory maximum or both. | Obligatory. | Obligatory. | 3-11.” (b) On indictment. | (b) 5 years or a fine or both. (6) In the entry inserted by subsection (5), in relation to an offence committed before 2 May 2022 “the general limit in a magistrates’ court” is to be read as “6 months (in England and Wales) or 12 months (in Scotland)”. (7) Schedule 27 (causing serious injury by dangerous driving: minor and consequential amendments) has effect.

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144 Offence of squatting in a residential building

(1) A person commits an offence if— (a) the person is in a residential building as a trespasser having entered it as a trespasser, (b) the person knows or ought to know that he or she is a trespasser, and (c) the person is living in the building or intends to live there for any period. (2) The offence is not committed by a person holding over after the end of a lease or licence (even if the person leaves and re-enters the building). (3) For the purposes of this section— (a) “building” includes any structure or part of a structure (including a temporary or moveable structure), and (b) a building is “residential” if it is designed or adapted, before the time of entry, for use as a place to live. (4) For the purposes of this section the fact that a person derives title from a trespasser, or has the permission of a trespasser, does not prevent the person from being a trespasser. (5) A person convicted of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 5 on the standard scale (or both). (6) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (5) to 51 weeks is to be read as a reference to 6 months. (7) For the purposes of subsection (1)(a) it is irrelevant whether the person entered the building as a trespasser before or after the commencement of this section. (8) In section 17 of the Police and Criminal Evidence Act 1984 (entry for purpose of arrest etc)— (a) in subsection (1)(c), after sub-paragraph (v) insert— (vi) section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (squatting in a residential building); ; (b) in subsection (3), for “or (iv)” substitute “ , (iv) or (vi) ”. (9) In Schedule 10 to the Criminal Justice and Public Order Act 1994 (consequential amendments), omit paragraph 53(b).

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145 Scrap metal dealing: increase in penalties for existing offences

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146 Offence of buying scrap metal for cash etc

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147 Review of offence of buying scrap metal for cash etc

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148 Reasonable force for the purposes of self-defence etc

(1) Section 76 of the Criminal Justice and Immigration Act 2008 (reasonable force for the purposes of self-defence etc) is amended as follows. (2) In subsection (2) after paragraph (a) omit “and” and insert— (aa) the common law defence of defence of property; and . (3) After subsection (6) insert— (6A) In deciding the question mentioned in subsection (3), a possibility that D could have retreated is to be considered (so far as relevant) as a factor to be taken into account, rather than as giving rise to a duty to retreat. (4) In subsection (8) for “Subsection (7) is” substitute “ Subsections (6A) and (7) are ”. (5) In subsection (10)(a) after sub-paragraph (i) omit “or” and insert— (ia) the purpose of defence of property under the common law, or . (6) Paragraph 27 of Schedule 27 to the Criminal Justice and Immigration Act 2008 (which provides for section 76 of that Act to apply whenever the alleged offence took place, but not in relation to certain proceedings if they began, or the arraignment took place, before that section comes into force) applies to any amendment made by this section to section 76 of that Act as it applies to that section, but as if references to the date on which that section comes into force were references to the date on which the amendment comes into force.

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149 Power to make consequential and supplementary provision etc

(1) The Lord Chancellor or the Secretary of State may by regulations make consequential, supplementary, incidental, transitional, transitory or saving provision in relation to any provision of this Act. (2) The regulations may, in particular amend, repeal, revoke or otherwise modify legislation. (3) Regulations under this section are to be made by statutory instrument. (4) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament, subject to subsection (5). (5) A statutory instrument containing regulations under this section that amend or repeal an Act (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (6) In this section— “Act” includes an Act or Measure of the National Assembly for Wales; “legislation”, in relation to regulations made in relation to a provision of this Act, means— this Act or an Act passed before or in the same Session as this Act, or an instrument made under an Act before the provision comes into force.

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150 Financial provision

There is to be paid out of money provided by Parliament— (a) any expenditure incurred by a Minister of the Crown by virtue of this Act, and (b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

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151 Commencement

(1) The provisions of this Act come into force on such day as the Lord Chancellor or the Secretary of State may appoint by order, subject to subsections (2) and (3). (2) The following provisions come into force on the day on which this Act is passed— (a) section 77, (b) section 119, and (c) this Part. (3) This section does not apply to section 76 (but see section 77). (4) An order under this section is to be made by statutory instrument. (5) An order under this section may— (a) appoint different days for different purposes, and (b) make transitional, transitory or saving provision. (6) An order under this section bringing into force section 133, 134, 136, 137 or 138 may appoint different days for different areas.

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152 Extent

(1) Parts 1 to 3 of this Act extend to England and Wales only, subject to subsections (2) to (8). (2) Sections 130 and 131(1) extend to England and Wales and Scotland. (3) The following provisions extend to England and Wales and Northern Ireland— (a) section 22, (b) section 33, (c) section 40 and Schedule 6, and (d) sections 41 to 43. (4) Section 77 extends to England and Wales, Scotland and Northern Ireland, subject to subsection (11). (5) In Chapter 8 of Part 3— (a) section 139 extends to England and Wales only, (b) sections 140 and 141 extend to England and Wales, Scotland and Northern Ireland, (c) paragraphs 1 to 11 of Schedule 25 extend to England and Wales only, (d) paragraphs 12 to 17 of that Schedule extend to Scotland only, and (e) Part 2 of that Schedule extends to England and Wales only. (6) An amendment, repeal or revocation made by this Act has the same extent as the relevant part of the Act or instrument amended, repealed or revoked (ignoring extent by virtue of an Order in Council), subject to subsections (2), (5), (7) and (8). (7) Subsection (6) applies to section 148(1) to (5) only so far as the provisions amended extend to England and Wales or apply in relation to service offences. (8) Subsection (6) does not apply to paragraphs 15 and 18 of Schedule 7, which extend to England and Wales only. (9) The following have the same extent as the amendments, modifications, enactments, instruments or provisions to which they relate— (a) section 68(7), (b) section 80(10) and (11), (c) section 135(4), (5) and (7), (d) section 148(6), (e) Part 4 of Schedule 7 and Part 3 of Schedule 8, and (f) Schedule 15. (10) Sections 149, 150, 151, this section and section 154 extend to England and Wales, Scotland and Northern Ireland. (11) But, in so far as sections 77, 149 and 151 confer power to make provision modifying or otherwise relating to a provision of, or made under or applied by, the Armed Forces Act 2006, they have the same extent as that Act (ignoring extent by virtue of an Order in Council).

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153 Channel Islands, Isle of Man and British overseas territories

(1) The power conferred by section 9(4) of the Repatriation of Prisoners Act 1984 (power to extend to Channel Islands, Isle of Man and British overseas territories) is exercisable in relation to any amendment of that Act that is made by or under this Act. (2) The powers conferred by sections 177, 178 and 222 of the Extradition Act 2003 (powers to apply provisions to extradition to or from British overseas territories and to extend to Channel Islands and Isle of Man) are exercisable in relation to any amendment of that Act that is made by or under this Act. (3) The power conferred by section 338 of the Criminal Justice Act 2003 (power to extend to Channel Islands and Isle of Man) is exercisable in relation to any amendment of that Act that is made by or under this Act. (4) In section 384 of the Armed Forces Act 2006 (extent to Channel Islands, Isle of Man and British overseas territories) references to that Act include that Act as amended by or under this Act.

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154 Short title

This Act may be cited as the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

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SCHEDULE 1 Civil legal services

Section 9 Part 1 Services Care, supervision and protection of children 1 (1) Civil legal services provided in relation to— (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”) or 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). (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. Special Guardianship 1A. (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 needs 2 (1) Civil legal services provided in relation to— (a) matters arising under Part 4 of the Education Act 1996 Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 or Part 3 of the Children and Families Act 2014 (special educational needs); (b) assessments relating to learning difficulties under section 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. Abuse of child or vulnerable adult 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— (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— sexual abuse, and 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 person responsible for administering the individual's estate under the law of England and Wales, Scotland or Northern Ireland, or 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 adults 4 (1) Civil legal services provided in relation to— (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 capacity 5 (1) Civil legal services provided in relation to matters arising under— (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 care 6 (1) Civil legal services provided in relation to community care services. 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— ... ... ... ... section 117 of the Mental Health Act 1983 (after-care); section 17 of the Children Act 1989 (“the 1989 Act”) (provision of services for children in need); section 20 of the 1989 Act (provision of accommodation for children); sections 22A, 22B and 22C of the 1989 Act (accommodation and maintenance for children in care and looked after children); sections 23B and 23C of the 1989 Act (local authority functions in respect of relevant children); sections 24, 24A and 24B of the 1989 Act (provision of services for persons qualifying for advice and assistance); ... ... ... Part 1 of the Care Act 2014 (local authority’s functions of meeting adult’s needs for care and support); section 15 of the Social Services and Well-being (Wales) Act 2014 (“the 2014 Act”) (preventative services); Part 4 of the 2014 Act (local authority’s functions of meeting a person’s needs for care and support); section 76 of the 2014 Act (provision of accommodation for children); sections 79, 80 and 81 of the 2014 Act (accommodation and maintenance for children in care and looked after children); sections 105 to 116 of the 2014 Act (local authority support for certain children); “relevant person” means— a district council; a county council; a county borough council; a London borough council; the Common Council of the City of London; a Primary Care Trust established under section 18 of the National Health Service Act 2006; a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006; any other person prescribed for the purposes of this paragraph. Facilities for disabled persons 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. 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 benefits 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— (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. Appeals relating to council tax reduction schemes 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. 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 adults 9 (1) Civil legal services provided in relation to the inherent jurisdiction of the High Court in relation to children and vulnerable adults. 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 children 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— (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 abuse 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. (1A) Civil legal services provided in relation to the following applications or proceedings under the Domestic Abuse Act 2021— (a) an application ...under section 28 (domestic abuse protection orders on application) ...; (b) proceedings under section 31(2) or (7) (domestic abuse protection orders on family or civil court’s own motion) so far as those proceedings relate to a domestic abuse protection order; (ba) proceedings under section 31(3), (5) or (6) (domestic abuse protection orders on criminal court’s own motion) so far as those proceedings relate to a domestic abuse protection order; (bb) proceedings under section 40 (arrest for breach of an order); (bc) proceedings under section 44(2)(b) (variation and discharge of orders on court’s own motion) in a case where the court hearing the proceedings could make a domestic abuse protection order under section 31(3), (5) or (6), so far as those proceedings relate to a domestic abuse protection order; (c) proceedings under section 44 (variation and discharge of orders) not within paragraph (bc); (d) proceedings on an appeal under section 46(1) (appeal of decision on application for domestic abuse protection order under section 28); (e) proceedings on an appeal under section 46(3) or (4) (appeal by person subject to an order against its making or variation on criminal court’s own motion); (f) proceedings on an appeal under section 46(5) (other appeals against order varying or discharging a domestic abuse protection order); (g) proceedings for contempt of court in relation to a domestic abuse protection order. (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. (3A) Sub-paragraph (1A) is subject to the exclusions in Part 2 of this Schedule. (3B) The following services do not include advocacy of any type— (a) services described in sub-paragraph (1A)(a) in so far as the services are provided— (i) in relation to an application made by a chief officer of police for a domestic abuse protection order, and (ii) for an individual other than the person against whom the order is being sought; (b) services described in sub-paragraph (ba), (bc) or (e). (3C) Any services described in sub-paragraph (1A) that are not within sub-paragraph (3B) are subject to 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 abuse and family matters 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— (a) there has been, or is a risk of, domestic abuse between A and B, and (b) A was, or is at risk of being, the victim of that domestic abuse. 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 abuse. 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; “domestic abuse” means any incident, or pattern of incidents, of controlling, coercive or threatening behaviour, violence or abuse (whether psychological, physical, sexual, economic or emotional) between individuals who are associated with each other; and for these purposes, such behaviour, violence or abuse between individuals may consist of or include behaviour, violence or abuse directed at another individual; “family enactment” means— section 17 of the Married Women's Property Act 1882 (questions between husband and wife as to property); the Maintenance Orders (Facilities for Enforcement) Act 1920; the Maintenance Orders Act 1950; the Maintenance Orders Act 1958; the Maintenance Orders (Reciprocal Enforcement) Act 1972; 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; the Matrimonial Causes Act 1973; the Inheritance (Provision for Family Dependants) Act 1975; the Domestic Proceedings and Magistrates' Courts Act 1978; Part 3 of the Matrimonial and Family Proceedings Act 1984 (financial relief after overseas divorce etc); Parts 1 and 3 of the Family Law Act 1986 (child custody and declarations of status); Parts 1 and 2 of the Children Act 1989 (orders with respect to children in family proceedings); section 53 of, and Schedule 7 to, the Family Law Act 1996 (transfer of tenancies on divorce etc or separation of cohabitants); Chapters 2 and 3 of Part 2 of the Civil Partnership Act 2004 (dissolution, nullity and other proceedings and property and financial arrangements); sections 54 and 54A of the Human Fertilisation and Embryology Act 2008 (applications for parental orders). section 51A of the Adoption and Children Act 2002 (post-adoption contact orders). Protection of children and family matters 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— (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 (child 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). (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— sexual abuse, and 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. Mediation in family disputes 14 (1) Mediation provided in relation to family disputes. (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 proceedings 15 (1) Civil legal services provided to a child in relation to family proceedings— (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. Female genital mutilation protection orders 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. Exclusions (2) Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule. Forced marriage 16 (1) Civil legal services provided in relation to forced marriage protection orders under Part 4A of the Family Law Act 1996. Exclusions (2) Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule. Transitional EU arrangements and international agreements concerning children 17 (1) Civil legal services provided in relation to— (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. Transitional EU arrangements and international agreements concerning maintenance 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— (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). (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 (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; “ the 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. Judicial review 19 (1) Civil legal services provided in relation to judicial review of an enactment, decision, act or omission. 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, 15, 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— 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 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— paragraphs 8 to 10A of Schedule 2 to the Immigration Act 1971 (removal of persons refused leave to enter and illegal entrants); paragraphs 12 to 14 of Schedule 2 to that Act (removal of seamen and aircrew); paragraph 1 of Schedule 3 to that Act (removal of persons liable to deportation); section 10 of the Immigration and Asylum Act 1999 (removal of certain persons unlawfully in the United Kingdom); ... Habeas corpus 20 (1) Civil legal services provided in relation to a writ of habeas corpus ad subjiciendum. 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 authority 21 (1) Civil legal services provided in relation to abuse by a public authority of its position or powers. 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 authority 22 (1) Civil legal services provided in relation to— (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 infants 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. (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 person responsible for administering the individual's estate under the law of England and Wales, Scotland or Northern Ireland, or 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 Commission 24 (1) Civil legal services provided in relation to proceedings before the Special Immigration Appeals Commission. Exclusions (2) Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule. Immigration: detention 25 (1) Civil legal services provided in relation to— (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 admission 26 (1) Civil legal services provided in relation to temporary admission to the United Kingdom under— (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 restrictions 27 (1) Civil legal services provided in relation to restrictions imposed under— (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 abuse, leave to enter and indefinite leave to remain 28 (1) Civil legal services provided to an individual in relation to an application for leave to enter or indefinite leave to remain in the United Kingdom in reliance on Appendix Victim of Domestic Abuse to the immigration rules. 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) In this paragraph— ... ... “immigration rules” has the same meaning as in the Immigration Act 1971; “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; “leave to enter” is to be construed in accordance with the Immigration Act 1971; ... Immigration: victims of domestic abuse and residence cards 29 (1) Civil legal services provided to an individual (“V”) in relation to a residence card application where V— (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 abuse 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— “domestic abuse” means any incident, or pattern of incidents, of controlling, coercive or threatening behaviour, violence or abuse (whether psychological, physical, sexual, economic or emotional) between individuals who are associated with each other; and for these purposes, such behaviour, violence or abuse between individuals may consist of or include behaviour, violence or abuse directed at another individual; “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— an application for a residence card under regulation 17 of the 2006 Regulations, or an application for a permanent residence card under regulation 18(2) of the 2006 Regulations. Immigration: rights to enter and remain 30 (1) Civil legal services provided in relation to rights to enter, and to remain in, the United Kingdom which— (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 assimilated 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; “ 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; ... Immigration: accommodation for asylum-seekers etc 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— (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. Immigration, citizenship and nationality: separated children 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. (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— who is under the age of 18, or 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— not being cared for by a parent, 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 looked after by a local authority (within the meaning of section 107(6)). Victims of trafficking in human beings 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— (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 section 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 person responsible for administering the individual's estate under the law of England and Wales, Scotland or Northern Ireland, or 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. Victims of slavery, servitude or forced or compulsory labour 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— (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 home 33 (1) Civil legal services provided to an individual in relation to— (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. (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. (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). (8A) The services described in sub-paragraph (1A) do not include advocacy. Definitions (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— 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; the rights of leaseholders under the terms of their lease or under any statutory provision ; 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. Homelessness 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— (a) Part 6 of the Housing Act 1996 (allocation of housing accommodation); (b) Part 7 of that Act (homelessness). (c) Part 2 of the Housing (Wales) Act 2014 (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 — (a) as in section 175 of the Housing Act 1996 in cases where sub-paragraph (1) applies in relation to the provision of accommodation and assistance under— (i) Part 6 of that Act as it relates to England; (ii) Part 7 of that Act; (b) as in section 55 of the Housing (Wales) Act 2014 in cases where sub-paragraph (1) applies in relation to the provision of accommodation and assistance under— (i) Part 6 of the Housing Act 1996 as it relates to Wales; (ii) Part 2 of the Housing (Wales) Act 2014. Risk to health or safety in rented home 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— (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. Respect orders 35A (1) Civil legal services provided to an individual in relation to an application for, or proceedings in respect of, a respect order against the individual under section A1 of the Anti-Social Behaviour, Crime and Policing Act 2014. Exclusions (2) Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule. Anti-social behaviour: youth injunctions and housing injunctions 36 (1) Civil legal services provided to an individual in relation to an application for, or proceedings in respect of— (a) an injunction against the individual under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014 (“the 2014 Act”) as it had effect before the coming into force of Schedule 1 to the Crime and Policing Act 2026 (“the 2026 Act”), (b) a youth injunction against the individual under section 1 of the 2014 Act as it has effect on and after the coming into force of Schedule 1 to the 2026 Act, or (c) a housing injunction against the individual under section 1A of the 2014 Act. Exclusions (2) Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule. Protection from harassment 37 (1) Civil legal services provided in relation to— (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 and drug-dealing activity 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 and drug-dealing activity). Exclusions (2) Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule. Sexual offences 39 (1) Civil legal services provided in relation to a sexual offence, but only where— (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 person responsible for administering the individual's estate under the law of England and Wales, Scotland or Northern Ireland, or 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— an offence under a provision of the Sexual Offences Act 2003 (“the 2003 Act”), ... an offence under section 1 of the Protection of Children Act 1978 (“the 1978 Act”) (indecent photographs of children), and 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 crime 40 (1) Civil legal services provided in relation to— (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). Inquests 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. 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 pollution 42 (1) Civil legal services provided in relation to injunctions in respect of nuisance arising from prescribed types of pollution of the environment. Exclusions (2) Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule. Equality 43 (1) Civil legal services provided in relation to contravention of the Equality Act 2010 or a previous discrimination enactment. 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 disputes 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Terrorism prevention and investigation measures etc 45 (1) Civil legal services provided to an individual in relation to a TPIM notice relating to the individual. (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. Extension of time for retention of travel documents 45A (1) Civil legal services provided in relation to proceedings under paragraph 8 of Schedule 1 to the Counter-Terrorism and Security Act 2015. Exclusions (2) Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule. Foreign power threat activity prevention and investigation measures 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. (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 matters 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. 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 2 Excluded 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. 1 Civil legal services provided in relation to personal injury or death. 2 Civil legal services provided in relation to a claim in tort in respect of negligence. 3 Civil legal services provided in relation to a claim in tort in respect of assault, battery or false imprisonment. 4 Civil legal services provided in relation to a claim in tort in respect of trespass to goods. 5 Civil legal services provided in relation to a claim in tort in respect of trespass to land. 6 Civil legal services provided in relation to damage to property. 7 Civil legal services provided in relation to defamation or malicious falsehood. 8 Civil legal services provided in relation to a claim in tort in respect of breach of statutory duty. 9 Civil legal services provided in relation to conveyancing. 10 Civil legal services provided in relation to the making of wills. 11 Civil legal services provided in relation to matters of trust law. 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. (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. 13 Civil legal services provided in relation to matters of company or partnership law. 14 Civil 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. 15 (1) Civil legal services provided in relation to a benefit, allowance, payment, credit or pension under— (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. 16 Civil legal services provided in relation to compensation under the Criminal Injuries Compensation Scheme. 17 Civil legal services provided in relation to changing an individual's name. 18 (1) Civil legal services provided in relation to judicial review of an enactment, decision, act or omission. (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 3 Advocacy: 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: courts 1 Advocacy in proceedings in the Supreme Court. 2 Advocacy in proceedings in the Court of Appeal. 3 Advocacy in proceedings in the High Court. 4 Advocacy 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. 5 Advocacy in proceedings in the county court. 5A. Advocacy in proceedings in the family court. 6 Advocacy in the following proceedings in the Crown Court— (a) proceedings for the variation or discharge of an order under section 360 of the Sentencing Code or section 5A of the Protection from Harassment Act 1997, ... (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. (c) proceedings on an appeal under section 46B of the Policing and Crime Act 2009, ... (d) proceedings on an appeal under section 15 of the Anti-social Behaviour, Crime and Policing Act 2014 ... (e) proceedings for the variation or discharge of an order under paragraph 1 of Schedule 2 to the Female Genital Mutilation Act 2003 , (ea) proceedings in relation to an application for the variation or discharge of a domestic abuse protection order under section 44(2)(a) of the Domestic Abuse Act 2021, and (f) proceedings on an appeal under section 46(1) or (5) of that Act. 7 Advocacy in a magistrates' court that falls within the description of civil legal services in any of the 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), (ba) paragraph 11(1A)(a) and, in so far as the proceedings relate to an application to vary or discharge a domestic abuse protection order, paragraph 11(1A)(c), and (c) paragraphs 11(2), 12, 13(1)(e), 15 , 17 (1)(a) and (b), 36 and 38. 8 Advocacy in the following proceedings in a magistrates' court— (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 section 360 of the Sentencing Code or section 5A of the Protection from Harassment Act 1997, ... (d) proceedings under the Proceeds of Crime Act 2002 in relation to matters listed in paragraph 40 of Part 1 of this Schedule ; and (e) proceedings for the variation or discharge of an order under paragraph 1 of Schedule 2 to the Female Genital Mutilation Act 2003. Exceptions: tribunals 9 Advocacy 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. 10 Advocacy in proceedings in the Mental Health Review Tribunal for Wales. 11 Advocacy 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. 12 Advocacy 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. 13 Advocacy in the First-tier Tribunal that falls within the description of civil legal services in paragraph 28, 29 31A, or , 32(1) or 32A(1) of Part 1 of this Schedule. 14 Advocacy 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). 15 Advocacy in proceedings in the Upper Tribunal arising out of proceedings within any of paragraphs 9 to 14 of this Part of this Schedule. 16 Advocacy in proceedings in the Upper Tribunal under section 4 of the Safeguarding Vulnerable Groups Act 2006. 17 Advocacy 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 Education Tribunal for Wales in proceedings under— (a) Part 4 of the Education Act 1996 (special educational needs), (a) Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, (b) the Equality Act 2010 , or (c) Part 3 of the Children and Families Act 2014(6) (children and young people in England with special educational needs or disabilities). 18 Advocacy 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. 19 Advocacy where judicial review applications are transferred to the Upper Tribunal from the High Court under section 31A of the Senior Courts Act 1981. 20 Advocacy in proceedings in the Employment Appeal Tribunal, but only to the extent that the proceedings concern contravention of the Equality Act 2010. Other exceptions 21 Advocacy in proceedings in the Special Immigration Appeals Commission. 22 Advocacy in proceedings in the Proscribed Organisations Appeal Commission. 22A Advocacy in proceedings before a District Judge (Magistrates' Courts) under paragraph 8 of Schedule 1 to the Counter-Terrorism and Security Act 2015. 23 Advocacy 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. 24 Advocacy in bail proceedings before any court which are related to proceedings within any other paragraph of this Part of this Schedule. 25 Advocacy in proceedings before any person for the enforcement of a decision in proceedings within any other paragraph of this Part of this Schedule. Part 4 Interpretation 1 For 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. 2 References 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). 3 References 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. 4 References 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— (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. 6 For 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. 7 In 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.

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SCHEDULE 2 Criminal legal aid: motor vehicle orders

Section 24 Amounts payable in connection with criminal legal aid 1 (1) This Schedule makes provision about the recovery of— (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 orders 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. (2) Regulations that make such provision are referred to in this Schedule as “MVO regulations”. (3) In this Schedule “court” means the High Court, the county court or a magistrates' court. Motor vehicle orders 3 (1) In this Schedule “motor vehicle order” means— (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. Applications 4 MVO 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 satisfied 5 (1) MVO regulations must provide that, before a court makes a clamping order in respect of an individual, it must be satisfied— (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 vehicles 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. (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 persons 7 (1) MVO regulations must provide that an immobilisation device may not be fitted to a motor vehicle— (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 orders 8 MVO 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.

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SCHEDULE 3 Legal aid for legal persons

Section 31 Legal persons 1 In this Schedule “legal person” means a person other than an individual. Exceptional case determinations 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. (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 assimilated 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 aid 3 (1) Civil legal services are to be available to a legal person under this Part only if the Director— (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 proceedings 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— (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 proceedings 5 (1) Representation for the purposes of criminal proceedings is to be available under this Part to a legal person if— (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 resources 6 Section 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 costs 7 In 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. 8 In 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 etc 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. (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 matters 10 In 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.

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SCHEDULE 4 Transfer of employees and property etc of Legal Services Commission

Section 38 Part 1 Transfer of employees etc Transfer 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. (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 employment 2 A 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 transfer 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). (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 schemes 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— (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. (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 schemes 5 (1) The Lord Chancellor may make a scheme providing for the merger of LSC occupational pension schemes. (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— the LSC has rights, powers, duties or liabilities, or 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 Transfer of property etc Transfer of interests in land 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. (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— an estate or interest in land, and 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 liabilities 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. (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 Supplementary Disapplying restrictions on transfer 8 Paragraphs 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. Certificate 9 A 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. Validity 10 The 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 provision 11 (1) The Lord Chancellor may by regulations make consequential, supplementary, incidental, transitional, transitory or saving provision in connection with— (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. Interpretation 12 (1) In this Schedule— “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).

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SCHEDULE 5 Legal aid: consequential amendments

Section 39 Part 1 Amendments Public Records Act 1958 (c. 51) 1 In 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) 2 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) omit “Legal Services Commission.” Criminal Appeal Act 1968 (c. 19) 3 In 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) 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. (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. (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) 6 In 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) 7 The Solicitors Act 1974 is amended as follows. 8 (1) Section 47 (jurisdiction and powers of Tribunal) is amended as follows. (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. 9 In 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) 10 In 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) 11 In 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) 12 The Magistrates' Courts Act 1980 is amended as follows. 13 In 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. 14 In 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 ”. 15 In 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. 16 In 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) ”. 17 In 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. 18 In 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) 19 The Senior Courts Act 1981 is amended as follows. 20 In 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 ”. 21 In 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) 22 Part 2 of the Prosecution of Offences Act 1985 (costs in criminal cases) is amended as follows. 23 In 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 ”. 24 In 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. (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) 26 In 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) 27 Part 3 of the Administration of Justice Act 1985 (legal aid) is amended as follows. 28 In 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 ”. 29 In 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. (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. 31 In 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 ”. 32 In 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) 33 In 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) 34 The Criminal Justice Act 1987 is amended as follows. 35 In 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 ”. 36 In 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) 37 In 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) 38 In 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) 39 (1) Section 31B of the Courts and Legal Services Act 1990 (advocates and litigators employed by Legal Services Commission) is amended as follows. (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) 40 In 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) 41 (1) Section 108(7) of the Social Security Administration Act 1992 is amended as follows. (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) 42 In 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) 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Crime and Disorder Act 1998 (c. 37) 46 The Crime and Disorder Act 1998 is amended as follows. 47 (1) Section 50 (early administrative hearings) is amended as follows. (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). 48 In 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 ”. 49 In 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. 50 In 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) 51 In 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) 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Freedom of Information Act 2000 (c. 36) 55 In 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) 56 In 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) 57 In 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— 53E Sections 34(2) and 35 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Proceeds of Crime Act 2002 (c. 29) 58 The Proceeds of Crime Act 2002 is amended as follows. 59 In 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 ”. 60 In 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) 61 In 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) 62 The Extradition Act 2003 is amended as follows. 63 In 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; . 64 In 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) 65 In 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) 66 In 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) 67 In 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) 68 In 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) 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Equality Act 2010 (c. 15) 70 In 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) 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 2 Repeals consequential on Part 1 of this Schedule Short title and chapter | Extent of repeal Legal Aid Act 1988 (c. 34) | In Schedule 5, paragraph 13. Access to Justice Act 1999 (c. 22) | In Schedule 4— paragraph 1; paragraph 8; paragraphs 10 to 12; paragraphs 15 to 19; paragraphs 29 and 30(2) and (3)(a); paragraph 33; paragraph 35; paragraphs 38 to 40; paragraph 45; paragraph 47; paragraph 49; ... 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.

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SCHEDULE 6 Northern Ireland: information about financial resources

Section 40 Obtaining information 1 (1) The relevant authority may make an information request to— (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— which benefit or benefits the individual is receiving, whether the individual is entitled to the benefit or benefits alone or jointly, in prescribed cases, the amount the individual is receiving by way of the benefit (or each of the benefits) (“the benefit amount”), and 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 prescribed person, or in relation to circumstances for which no person is prescribed, the 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— that individual, and 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. Restrictions on disclosing information 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). (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 the 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 2 May 2022, the reference in sub-paragraph (4)(b)(i) to the general limit in a magistrates’ court has effect as if it were a reference to 6 months. Power to make consequential and supplementary provision etc 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. (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. Regulations 4 (1) In this Schedule “prescribed” means prescribed by regulations made by the Department of Justice in Northern Ireland. (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.

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