Paragraph 22 F1
For the purpose of this Schedule—
“A” means the applicant for civil legal services;
“appropriate health professional” means—
- (a)
a medical practitioner licensed to practise by the General Medical Council; or
- (b)
a health professional who is registered to practise in the United Kingdom by—
- (i)
the Nursing and Midwifery Council;
- (ii)
the General Dental Council; F2...
- (i)
- (c)
a paramedic, practitioner psychologist, radiographer or social worker registered to practise in the United Kingdom by the Health and Care Professions Council; F3or
- (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;
- (a)
“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—
- (a)
in respect of persons who are in a family relationship with each other, containing any of the following provisions—
- (i)
protecting a person from harm, intimidation, threats or harassment;
- (ii)
protecting a person from being forced into a marriage or from any attempt to be forced into a marriage;
- (iii)
prohibiting a person from contacting, or communicating with, another;
- (iv)
concerning entry or access to, or the use or occupation of, property;
- (i)
- (b)
for the protection from female genital mutilation under paragraph 1 or 18 of Schedule 2 to the Female Genital Mutilation Act 2003; or
- (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;
- (a)
“public authority” has the same meaning as in section 6 of the Human Rights Act 1998;
“refuge” means—
- (a)
a refuge established for the purpose of providing accommodation for victims of, or those at risk of, domestic abuse; or
- (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;
- (a)
“relevant” means that the evidence—
- (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
- (b)
is-
- (i)
in a form described in paragraphs 1 to 4 of this Schedule;
- (ii)
identifies B as the person arrested for, cautioned with, charged with, or convicted of the domestic abuse offence; and
- (iii)
relates to a domestic abuse offence which does not identify the victim.
- (i)
- (a)
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)