Access to Justice Bill [H.L.] - continued        House of Lords

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SCHEDULE 2
 
  COMMUNITY LEGAL SERVICE: EXCLUDED SERVICES
      The services which may not be funded as part of the Community Legal Service are as follows.
 
     1. Services consisting of the provision of help in relation to-
 
 
    (a) conveyancing, or
 
    (b) the making of a will.
     2. Services consisting of the provision of help in bringing or defending any proceedings in the course of carrying on a business.
 
     3. Services consisting of the provision of help in bringing or defending-
 
 
    (a) proceedings for negligence where the alleged damage is to property or the person, other than proceedings for clinical negligence,
 
    (b) proceedings for defamation or malicious falsehood,
 
    (c) proceedings relating to a company or partnership,
 
    (d) proceedings relating to a trust or alleged trust, other than a trust arising from the joint ownership or occupation of domestic property, or
 
    (e) proceedings relating to a boundary dispute.
     4. Services consisting of the provision of representation for the purposes of any of the following proceedings-
 
 
    (a) proceedings for a divorce order or a separation order unless the cause is defended,
 
    (b) relator actions,
 
    (c) proceedings which consist in, or arise out of, an application to the court under section 235A of the Trade Union and Labour Relations (Consolidation) Act 1992 (industrial action affecting supply of goods or services to an individual),
 
    (d) proceedings for recovery of a penalty where the proceedings may be brought by any person and the whole or part of the penalty is payable to the person bringing the proceedings,
 
    (e) election petitions under the Representation of the People Act 1983,
 
    (f) proceedings in a county court for or consequent on the issue of a judgment summons and proceedings where the only question to be brought before the court is as to the time and mode of payment of a debt (including liquidated damages) and costs, and
 
    (g) proceedings incidental to any proceedings referred to in this paragraph.
     5. - (1) Services consisting of the provision of representation for the purposes of any proceedings before any court or tribunal, except proceedings specified in sub-paragraph (2).
 
      (2) The proceedings not prevented by sub-paragraph (1) from being funded as part of the Community Legal Service are-
 
 
    (a) proceedings in, or before any person to whom a case is referred in whole or in part by, the House of Lords in the exercise of its jurisdiction in relation to appeals from courts in England and Wales,
 
    (b) proceedings in the Court of Appeal,
 
    (c) proceedings in the High Court,
 
    (d) proceedings in any county court,
 
    (e) proceedings in the Crown Court relating to an order under section 4 or 10 of the Crime and Disorder Act 1998, or under section 8 of that Act where the order is made by virtue of subsection (1)(c) of that section,
 
    (f) proceedings before the Employment Appeal Tribunal,
 
    (g) proceedings before Mental Health Review Tribunals, and
 
    (h) proceedings in a magistrates' court which are specified in sub-paragraph (3).
      (3) The proceedings referred to in sub-paragraph (2)(h) are-
 
 
    (a) proceedings under section 43 or 47 of the National Assistance Act 1948, section 22 of the Maintenance Orders Act 1950, section 4 of the Maintenance Orders Act 1958 or section 106 of the Social Security Administration Act 1992,
 
    (b) proceedings under section 10A of the Fire Precautions Act 1971,
 
    (c) proceedings under Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 relating to a maintenance order made by a court of a country outside the United Kingdom,
 
    (d) proceedings in relation to an application for leave of the court to remove a child from a person's custody under section 27 or 28 of the Adoption Act 1976 or proceedings in which the making of an order under Part II or section 29 or 55 of that Act is opposed by any party to the proceedings,
 
    (e) proceedings for or in relation to an order under Part I of the Domestic Proceedings and Magistrates' Courts Act 1978,
 
    (f) proceedings under the Children Act 1989,
 
    (g) proceedings under section 30 of the Human Fertilisation and Embryology Act 1990,
 
    (h) proceedings under section 20 or 27 of the Child Support Act 1991,
 
    (i) proceedings under sections 1, 2, 8 and 11 of the Crime and Disorder Act 1998, and
 
    (j) proceedings where a person is before the court in relation to any failure to pay a fine or other sum he was ordered to pay, or to obey any order of the court, and the failure is likely to lead to his being at risk of a term of imprisonment being fixed in his case (whether at that time or subsequently).
 
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Prepared 17 February 1999