ANNEX C: Detailed explanatory note for Part 1 of Schedule 1 Paragraph 14: Mediation in family disputes
862.Paragraph 14 refers to civil legal aid for mediation in relation to family disputes.
863.Under paragraph 14(1) and (2) legal aid will be in scope both for mediation and for civil legal services provided in connection with the mediation. It is intended that the regulations made under section 11 will be used to determine what legal services in connection with mediation will be provided as part of legal aid. The type of legal advice to be available is described in the response to the consultation paper Proposals for the Reform of Legal Aid in England and Wales.
864.Sub-paragraph (3) applies the exclusions in Parts 2 and 3 of the Schedule to the services in scope under this paragraph, except for the exclusions for services provided in relation to trust law. Sub-paragraph (5) provides that the services in scope under this paragraph will include conveyancing, where conveyancing is used to give effect to arrangements made in order to resolve a family dispute in relation to which legal aid for services described in paragraph 14 has been provided under Part 1 of the Bill. This means that, in these circumstances, the general exclusion for conveyancing, set out in Part 2 of the Schedule, does not apply.
865.Sub-paragraph (7) defines “family dispute” and “family relationship” for the purposes of this paragraph (“family relationship” having the same broad meaning as in paragraph 11). Sub-paragraph (8) provides that cases arising out of a family relationship includes matters arising under a family enactment (“family enactment” having by virtue of sub-paragraph (9) the same meaning as in paragraph 12), and gives the Lord Chancellor a power to set out in regulations when matters otherwise arise out of a family relationship.