16. (1) Paragraph 11 (vice-chairman) is amended as follows. C3Sch. 2018/1413), Sch. (1) Section 49 (parties to proceedings under this Act) is 32.After section 52 insert Interpretation of certain references to divorce 33.In Schedule 1 (transitional provisions and savings), PART 2 Amendments to the Civil Partnership Act 2004. . 38(1) inserted (1.6.2015) by, Civil legal services provided in relation to a sexual offence, but only where, the services are provided to the victim of the offence, or. 2022/397), arts. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). . 10. 1 para. 6 para. Changes we have not yet applied to the text, can be found in the Changes to Legislation area. 10. 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; F28Sch. 24 para. . 3. ], (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. 2016/286, art. 15. 11. (1) Paragraph 24 (when interim order ceases to have effect) 186.Omit paragraph 25(1) (interim order of High Court on ordering 187.In paragraph 29(6) (magistrates courts power to determine date on 188.In paragraph 30 (variation, revocation, suspension and revival of orders 189.In paragraph 31 (power to order lump sum on variation) 190.In paragraph 35(1) (powers exercisable on varying an order) for 191.Omit paragraph 36 (variation by justices clerk). (1) This paragraph applies where the Board has decided, following Duty to investigate and produce a provisional report within the investigation period. MATRIMONIAL CAUSES ACT ARRANGEMENT OF SECTIONS SECTION PART I Jurisdiction 1. Omit section 113 (administration of oaths and taking of affidavits). (1) Section 119 (interpretation) is amended as follows. 1 Pt. 32. 4. 4. 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. 2021/1244, art. . children means persons under the age of 18. 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). 1. You 2000/1116, art. (1) In section 38(3) (county court does not have power 67.Omit sections 40(9) and 42(8) and, in section 41(2), the 68.In section 57 (evidence of prisoners) after subsection (4) insert 69.In section 61 (rights of audience by direction) after subsection 70.In section 71 (satisfaction of orders for payment of costs 71.In section 131 (appointment of auditors etc) after controlling the 72.In section 132 (payments of expenses etc), 73.Administration of Justice Act 1985 (c. 61), 76.Courts and Legal Services Act 1990 (c. 41), 77.Maintenance Enforcement Act 1991 (c. 17). ], (4)Sub-paragraphs (1) to [F22(3B)] are subject to, (a)the exclusions in Part 2 of this Schedule, with the exception of paragraph 11 of that Part, and. (b)services provided to an individual in relation to the unlawful eviction from the individual's home of the individual or others. means any incident, or pattern of incidents, of controlling, coercive or threatening behaviour, violence or abuse (whether psychological, physical, sexual, financial or emotional) between individuals who are associated with each other; section 51A of the Adoption and Children Act 2002 (post-adoption contact orders). 3 (with arts. 1 para. (ii)a British overseas territories citizen. The first known use of the term domestic violence in a modern context, meaning violence in the home, was in an address to the Parliament of the United Kingdom by Jack Ashley in 1973. 21. 22. 7. But the exclusions described in sub-paragraph (2) are subject to the exception in sub-paragraph (4). 12. (b)A was, or is at risk of being, the victim of that domestic violence. 47. 3 para. 1 para. (1) Section 10 (detention of persons affected by alcohol or 7.In section 192 (general interpretation of Act), in the definition 8.The amendments in paragraphs 3 to 6 do not affect 9.Road Traffic Offenders Act 1988 (c. 53). 18. 3. Legal Services Act 2007 is up to date with all changes known to be in force on or before 04 November 2022. 22. 25.In section 8(3) (order ceases to have effect when warrant 26.In section 10 (reduction of normal deduction rate). 3; S.I. (a)matters arising under [F3Part 4 of the Education Act 1996] [F3Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018] [F4or Part 3 of the Children and Families Act 2014] (special educational needs); (b)assessments relating to learning difficulties under [F5section] 140 of the Learning and Skills Act 2000. Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule. 6(e) and word inserted (17.7.2015) by the, 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, paragraph 1(2) so far as relating to paragraph (1)(1)(e), and, Words in Sch. 22A inserted (13.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), ss. 37. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. The Schedules you have selected contains over 200 provisions and might take some time to download. . 11. 6(3)(k)(m) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 11. ], F62Sch. (2)Sub-paragraph (1) is subject to the exclusions in Part 2 of this Schedule, with the exception of paragraph 11 of that Part. In section 5 (supplementary provisions about decisions on bail). The Housing Act 1985 (c. 68) 53. 21, 33, 42, 58, 75, 93), 37(1)Civil legal services provided in relation toE+W. 9. . ], F43Sch. In section 113B (enhanced criminal record certificates), Police (Northern Ireland) Act 1998 (c. 32). Part 3 of the Children and Families Act 2014(6) (children and young people in England with special educational needs or disabilities). 2016/244), regs. . F12Sch. 51. 6(3) inserted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015, S.I.2015/914, art. 22(1)Civil legal services provided in relation toE+W. 13 substituted (31.7.2015) by the. 8(a) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 81. In section 132 (payments of expenses etc), Administration of Justice Act 1985 (c. 61). The section 25 factors will govern how the judge interprets need in each case. 4.In section 2 (training regulations) (a) in subsection (1) omit 5.In section 3 (admission as solicitor), in subsection (2). (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. Relevant laws are: Marriage Act 1949; Divorce Reform Act 1969; Matrimonial Causes Act 1973, which sets out the basis for divorce (part i) and how the courts deal with financial issues, known as ancillary relief (part ii) 26. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts. 88(2)(a); S.I. (1) Section 182 (overseas community orders) is amended as follows. 34.In section 270 (restrictions on community punishments) after subsection (2) 35.An amendment made by any of paragraphs 32 to 34 36.Removal of limits on compensation orders made against adults, 38.Statements of assets and other financial circumstances of offenders etc, 1.Characteristics of a deferred prosecution agreement, 4.Persons who may enter into a DPA with a prosecutor, 7.Court approval of DPA: preliminary hearing, 11.Discontinuance of proceedings on expiry of DPA, 12.Court order postponing publication of information by prosecutor, 13.Use of material in criminal proceedings, 14.Money received by prosecutor under a DPA, Part 2 Offences in relation to which a DPA may be entered into. (1) Sub-paragraph (2) applies where during the pre-commencement period. In section 31C (change of authorised body). 25. Yes, but even if the leaving of an inheritance to a charity instead of to your children was the most predictable of all the possible options in any scenario, (making the possibility of any future inheritance for anyone to appear to be entirely unforeseeable), the question remains, why would all the information online about Section 25 (Matrimonial Causes Act 1973) be so 1(3), 3), F10Words in Sch. in proper case. The Criminal Justice Act 2003 is amended as follows. 39. 1. (1) Section 69 (action to recover solicitor's costs) is amended 65.In section 70 (taxation on application of party chargeable or 66.In section 71 (taxation on application of third parties), 67.In section 72 (supplementary provisions as to taxations), 68.In section 73 (charging orders), in subsection (1). 20. 1, 2(4)(b), F61Sch. 3E+WAdvocacy in proceedings in the High Court. Representation of the People Act 1983 (c. 2). 4 para. 11. Dependent on the legislation item being viewed this may include: Use this menu to access essential accompanying documents and information for this legislation item. 3, 48(2), F2Words in s. 25 heading substituted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. (1) Section 28 (functions of justices clerks and assistant clerks) 88.Omit section 30(6) (exclusion of family proceedings). In section 94 (protest when notary not accessible). 1 Pt. the inclusion of a person in a barred list or the removal of a person from a barred list; a disqualification order under section 28, 29 or 29A of the Criminal Justice and Court Services Act 2000 (disqualification from working with children); a direction under section 142 of the Education Act 2002 (prohibition from teaching. 1 Pt. Customer information orders: England and Wales. 1 para. F32Words in Sch. Appointments by Lord Chief Justice or Senior President of Tribunals: equalities provisions. (a)proceedings are family proceedings if they relate to a matter arising out of a family relationship, F18 Sch. The Schedules you have selected contains over 200 provisions and might take some time to download. 37. 2. matters arising out of a family relationship include matters arising under a family enactment, and. It extends to the whole of India 1[except the State of Jammu and Kashmir] and applies to all judicial proceedings in or before any Court, including Courts-martial, 2[other than Courts-martial convened under the Army Act] (44 & 45 Vict., c. 58) 3[the Naval Discipline Act (29 & 30 Vict., c. 9)). 1 para. (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 violence while the marriage or civil partnership of the qualified person was subsisting. directions under section 67D of that Act (distribution of proceeds of realisation). . (1) During the transitional period, a person (P) is an 19.In this Schedule the appointed day means the day appointed 1.In this Schedule, in relation to an activity section 24 Requests for Board to hold a full investigation. 1 para. (1) Where an order is made by the Lord Chancellor Part 3 Alteration of approved regulator's regulatory arrangements. 2022/891, art. The services described in sub-paragraph (1) do not include advocacy in proceedings in the High Court. 32. (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. 1 Pt.1 para 45A and cross-heading inserted (13.2.2015) by. 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 violence while the marriage or civil partnership of the qualified person was subsisting. Not a change in practice. child means a person under the age of 18. 144. 174.In section 13 (application to police forces), in subsection (3)(g), 175.In Schedule 1 (list of Government Departments etc), after the 177.In section 5 (type of provision that may be made 178.In section 39 (compliance with orders: authorised monitors), in subsection 181.In section 42 (identity of employer), in subsections (4) and 182.In section 43 (interpretation), for subsection (5) substitute. 3 para. Civil legal services provided in relation to proceedings before the Special Immigration Appeals Commission. (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. Continue Reading. Unconditional approval of notified interest. 25. an application for, or proceedings in respect of, an injunction against the individual under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014. 2. Civil legal services provided in relation to an order under an enactment made, as an alternative to an order mentioned in sub-paragraph (1), or. any other provision of retained EU law which implemented the Qualification Directive. 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. 30(1) substituted (31.12.2020) by The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 28. 6. Civil legal services provided in relation to forced marriage protection orders under Part 4A of the Family Law Act 1996. 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; 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; 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. 23, 24 [F2, 24A, 24B and 24E]. In section 144 (rule committee and rules of procedure). . 1 para. 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; [F29 immigration rules has the meaning given by section 33(1) of the Immigration Act 1971;]. So ultimately, whether a spouses conduct has been serious enough will be a highly subjective decision. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. 1. 100. 2(3), Sch. 54. Continue Reading. 2014/3305), specified provision(s) amendment to earlier commencing S.I. . An Act to make provisions for matrimonial causes. 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. 13E+WAdvocacy in the First-tier Tribunal that falls within the description of civil legal services in paragraph 28, 29 [F5631A,] or [F57, 32(1) or 32A(1)] of Part 1 of this Schedule. 11.The Commissioners for Oaths Act 1889 is amended in accordance 12.In section 1(3) (powers of commissioners for oaths) omit from 13.In section 6 (powers as to oaths and notarial acts 14.In section 3 of the Benefices Act 1898 (appeal against Children and Young Persons Act 1933 (c. 12). 1 para. 20. 23.For sub-paragraphs (1) and (2) of paragraph 14 (person ceases 25.In Part 2 of Schedule 12 to the Constitutional Reform 26.In section 122 of that Act (interpretation of Part 4) 27.In section 144(5)(e) of that Act (orders under paragraph 5 28.Consequential repeal of other legislation, Part 4 Judicial appointments: selection, and transfer of powers of Lord Chancellor, 29.Appointments by Her Majesty on Lord Chancellors recommendation but where selection is to be reported to Lord Chief Justice or Senior President of Tribunals. ALBANO Persons and Family Relations. (a)incitement to commit a sexual offence. a prohibited steps order or specific issue order (as defined in section 8(1) of the Children Act 1989); an order under section 33 of the Family Law Act 1986 for disclosure of the child's whereabouts; an order under section 34 of that Act for the child's return; a requirement under section 37 of that Act to surrender a passport issued to, or containing particulars of, the child. In section 346 (requirements for making of production order), in Search and seizure warrants: England and Wales. In section 10 (reduction of normal deduction rate). Act 1974 (c. 37), House of Commons Disqualification Act 1975 (c. 24), Northern Ireland Assembly Disqualification Act 1975 (c. 25). 13. 30. 2016/413), regs. 1(2), 20(a); 2020 c. 1, Sch. 1(1), 45(1)Civil legal services provided to an individual in relation to a TPIM notice relating to the individual.E+W. 1 para. 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. 64. In the Political Parties, Elections and Referendums Act 2000. No changes have been applied to the text. 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, there has been a conclusive determination that the individual is a victim of trafficking in human beings, or. 1 Pt. (1) Section 3 (magistrates court may make provisional maintenance order 31.In section 4(6) (Scotland: application of section 3(5) and (6)) 32.Omit section 5(3A) (modification of section 60 of Magistrates Courts 33.In section 7 (confirmation of order made in reciprocating country) 34.In section 8 (enforcement of registered maintenance orders). William Shakespeare (bapt. (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. In section 2A (interest on registered orders). Omit section 62 (relief for respondent in dissolution proceedings). 289(3) (with Sch. (1) In section 52(1) (interpretation of the Act) for the 66.Domicile and Matrimonial Proceedings Act 1973 (c. 45), 67.Domestic Proceedings and Magistrates Courts Act 1978 (c. 22). 1 Pt. para. In section 73 of that Act (extent, etc. (4)In this paragraph children means persons under the age of 18. (c)associated has the same meaning as in Part 4 of the Family Law Act 1996 (see section 62 of that Act). 2020/1574, regs. 1(2)(a), 52(1), 45A(1)Civil legal services provided in relation to proceedings under paragraph 8 of Schedule 1 to the Counter-Terrorism and Security Act 2015.E+W, 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.E+W, (a)the exclusions in Parts 2 and 3 of this Schedule, except to the extent that regulations under this paragraph provide otherwise, and. 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. (1) The licensing rules may make provision. 44. (1) In Table 2 of Part 2 of Schedule 14 Part 2 Deployment of judges to the magistrates courts. (1) Section 131 of the Powers of Criminal Courts (Sentencing) 9.In section 33B(5) of the Environmental Protection Act 1990 (limit 10.Nothing in this Part of this Schedule affects orders in Part 4 Electronic monitoring of offenders. (1) Section 63M (jurisdiction of courts under Part 4A) is 140.Section 63N (power to extend jurisdiction to magistrates courts) is 141.Section 63P (appeals: Part 4A) is repealed. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. 2, F7Words in s. 25(2)(h) omitted (1.8.1996) by virtue of 1995 c. 26, s. 166(2); S.I. 3 para. 5.Relationships between NCA and other agencies: tasking etc, 9.Director General: customs powers of Commissioners & operational powers, 10.Operational powers of other NCA officers, 12.Information: restrictions on disclosure etc, 13.NCA officers with operational powers: labour relations, 14.NCA officers with operational powers: pay and allowances, 17.Civil and family proceedings in England and Wales, 18.Youth courts to have jurisdiction to grant gang-related injunctions, 19.Varying designations of authorities responsible for remanded young persons, 22.Transfer of immigration or nationality judicial review applications, 23.Permission to appeal from Upper Tribunal to Court of Session, 24.Appeals relating to regulation of the Bar, 25.Enforcement by taking control of goods, 27.Disclosure of information to facilitate collection of fines and other sums, 28.Disclosure of information for calculating fees of courts, tribunals etc, 29.Supreme Court chief executive, officers and staff, 31.Making, and use, of recordings of Supreme Court proceedings, 32.Enabling the making, and use, of films and other recordings of proceedings, 33.Abolition of scandalising the judiciary as form of contempt of court, Publishers of news-related material: damages and costs, 43.Use of force in self-defence at place of residence, Community and other non-custodial sentencing, 44.Dealing non-custodially with offenders, 47.Restraint orders and legal aid: supplementary, 48.Civil recovery of the proceeds etc of unlawful conduct, 51.Immigration cases: appeal rights; and facilitating combined appeals, 52.Appeals against refusal of entry clearance to visit the UK, 53.Restriction on right of appeal from within the United Kingdom, 54.Deportation on national security grounds: appeals, 60.Transitional, transitory or saving provision, 1.Functions exercisable on behalf of Crown, 5.Activities not limited to dealing with serious or organised crime, 7.Selection and appointment of the Director General, 8.Resignation or retirement of the Director General at request of Secretary of State, 9.Selection of other NCA officers for appointment, 10.Delegation of Director Generals functions, 12.Persons with operational powers who become NCA officers, 5.Consultation with devolved administrations, Relationships between NCA and other agencies, 3.Duty to keep NCA informed & disclose information: police forces, 5.Duty to keep NCA informed: government bodies, 6.Duty to keep government bodies informed, 7.Meaning of specified body & relevant function, 8.Voluntary assistance by NCA: the UK, the Channel Islands & the Isle of Man, 10.Directed assistance by NCA: England and Wales police etc, 11.Directed assistance to NCA: England and Wales police etc, 14.Directed assistance by NCA: Northern Ireland, 15.Directed assistance to NCA: Northern Ireland. 8(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 32A and cross-heading inserted (31.7.2015) by Modern Slavery Act 2015 (c. 30), ss. 1 Pt. 19. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. 14. the exclusions in Part 2 of this Schedule, with the exception of paragraph 1 of that Part, and. . 1 Pt. . the exclusions in Part 2 of this Schedule, with the exception of paragraphs 1, 2, 3, 8 and 12 of that Part, and. In section 365 (requirements for making of customer information order), Account monitoring orders: England and Wales. 2); S.I. 27); S.I. 12. 2(3), Sch. (1) Schedules 9 and 13 (transfer of community or suspended 21.In Schedule 12 (breach or amendment of suspended sentence order Part 5 Community orders: further provision, 23.Community order not to be made in case of knife etc offence attracting minimum sentence, Part 6 Statements of assets and other financial circumstances of offenders etc. 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. Enacted ). ] in 173.Corporate Manslaughter and Corporate Homicide Act 2007 ( asp 10. Are of equal merit of production order ). ] council tax reduction,. 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