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Paragraph 22 F1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

For the purpose of this Schedule—

  • “A” means the applicant for civil legal services;

  • “appropriate health professional” means—

    1. (a)

      a medical practitioner licensed to practise by the General Medical Council; or

    2. (b)

      a health professional who is registered to practise in the United Kingdom by—

      1. (i)

        the Nursing and Midwifery Council;

      2. (ii)

        the General Dental Council; F2...

    3. (c)

      a paramedic, practitioner psychologist, radiographer or social worker registered to practise in the United Kingdom by the Health and Care Professions Council; F3or

    4. (d)

      F4a medical practitioner, nurse, midwife, dental practitioner, paramedic, practitioner psychologist, radiographer or social worker registered and licensed to practise in the country in which they provide a letter or report, or examine A under this Schedule;

  • “B” means the individual with whom A was in a family relationship giving rise to the need for the civil legal services that are the subject of the application;

  • “ F5domestic abuse offence” has the meaning given in the document published by the Lord Chancellor for that purpose under section 2 of the Act;

  • “expert report” means a report by a person qualified to give expert advice on all or most of the matters that are the subject of the report;

  • “housing association” has the same meaning as in subsection 1(1) of the Housing Associations Act 1985;

  • F6...

  • “local authority” means a county council, a district council, a London borough council or a parish council but, in relation to Wales, means a county council, county borough council or community council;

  • “protective injunction” means an order made by the court—

    1. (a)

      in respect of persons who are in a family relationship with each other, containing any of the following provisions—

      1. (i)

        protecting a person from harm, intimidation, threats or harassment;

      2. (ii)

        protecting a person from being forced into a marriage or from any attempt to be forced into a marriage;

      3. (iii)

        prohibiting a person from contacting, or communicating with, another;

      4. (iv)

        concerning entry or access to, or the use or occupation of, property;

    2. (b)

      for the protection from female genital mutilation under paragraph 1 or 18 of Schedule 2 to the Female Genital Mutilation Act 2003; or

    3. (c)

      in respect of a violent offender within the meaning of section 98 of the Criminal Justice and Immigration Act 2008;

    but does not include an order made without notice to the respondent that was subsequently set aside by the court;

  • “public authority” has the same meaning as in section 6 of the Human Rights Act 1998;

  • “refuge” means—

    1. (a)

      a refuge established for the purpose of providing accommodation for victims of, or those at risk of, domestic abuse; or

    2. (b)

      a residential home established and maintained by a public body for any other purpose that also provides accommodation to the victims of, or those at risk of, domestic abuse;

  • “relevant” means that the evidence—

    1. (a)

      identifies a person with whom B is or was in a family relationship as being, or at risk of being, the victim of domestic abuse; or

    2. (b)

      is-

      1. (i)

        in a form described in paragraphs 1 to 4 of this Schedule;

      2. (ii)

        identifies B as the person arrested for, cautioned with, charged with, or convicted of the domestic abuse offence; and

      3. (iii)

        relates to a domestic abuse offence which does not identify the victim.

Annotations

Textual amendments

F1

Sch. 1 inserted (8.1.2018) by The Civil Legal Aid (Procedure) (Amendment) (No. 2) Regulations 2017 (S.I. 2017/1237), regs. 1(2), 2(5), Sch. (with reg. 3)

F2

Word in Sch. 1 para. 22 omitted (21.5.2025) by virtue of The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 (S.I. 2025/611), arts. 1(1), 5(2)(c)(i)

F3

Word in Sch. 1 para. 22 inserted (21.5.2025) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 (S.I. 2025/611), arts. 1(1), 5(2)(c)(ii)

F4

Words in Sch. 1 para. 22 inserted (21.5.2025) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 (S.I. 2025/611), arts. 1(1), 5(2)(c)(iii)

F5

Words in Sch. 1 para. 22 substituted (21.5.2025) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 (S.I. 2025/611), arts. 1(1), 5(1)(g)

F6

Words in Sch. 1 para. 22 omitted (1.3.2023) by virtue of The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Family and Domestic Abuse) (Miscellaneous Amendments) Order 2023 (S.I. 2023/150), arts. 3(1), 7(3)(c)

Notes on Schedule 1

Textual amendments

F2

Words in Sch. 1 heading substituted (21.5.2025) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 (S.I. 2025/611), arts. 1(1), 5(1)(f)