Commentary Introduction
98.Each paragraph of Part 1 of Schedule 1 describes a type of civil legal services that may be made available under the Act. Each paragraph is subject to exclusions – either exclusions specific to the paragraph or the general exclusions set out in Parts 2 and 3 of the Schedule. For example, paragraph 2 of Part 1 of Schedule 1 describes civil legal services provided in relation to matters relating to special educational needs. It states that the exclusions in Part 2 and 3 of the Schedule apply.
99.Part 2 of Schedule 1 lists civil legal services that are not to be available, even where they might otherwise fall within the descriptions of services in Part 1. Some paragraphs in Part 1 provide exceptions from the exclusions in Part 2, so that one or more of the general exclusions are disapplied. For example, under paragraph 41 of Part 1 of Schedule 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 immediate family can be made available. However, the services provided cannot include the services listed in Part 2, with the exception of civil legal services provided in relation to personal injury or death. This means that civil legal services in relation to death could be made available by virtue of paragraph 41 of Part 1.
100.Part 3 of Schedule 1 provides that the civil legal services listed in Part 1 of Schedule 1 do not include advocacy unless: (1) the type of advocacy in question is listed in Part 3 of the Schedule, except to the extent that Part 1 of Schedule 1 provides otherwise; or (2) Part 1 of Schedule 1 makes specific provision bringing other types of advocacy within scope for that particular matter which are not listed in Part 3 of the Schedule. Section 42(1) defines advocacy as meaning the exercise of a right of audience before a court, tribunal or other person.
101.Part 4 of Schedule 1 makes provision about the interpretation of Schedule 1. Paragraph 1 of Part 4 provides that if one paragraph of Part 1 includes a type of civil legal service which is either expressly or impliedly excluded by another paragraph of Part 1, that type of service is still a type of civil legal service that may be made available The remainder of Part 4 of Schedule 1 makes further provision about the interpretation of references to legislation and services that appear in the Schedule.
102.Schedule 1 includes a number of powers for the Lord Chancellor to make regulations to clarify or adjust particular paragraphs. For example, under paragraph 6 of Part 1 civil legal services provided in relation to community care services can be made available. Paragraph 6(3) defines community care services as services which a relevant person may provide under a number of listed enactments. The definition of “relevant person” allows other relevant persons to be prescribed.
103.There is a table setting out the contents of Schedule 1 at Annex B and a more detailed explanation of the paragraphs in Schedule 1 at Annex C.