# The Legal Aid Act 1988 (Children Act 1989) Order 1991, Note: Explanatory note


(This note is not part of the Order)
This Order modifies the Legal Aid Act 1988:
(a) by waiving the means and merits tests in respect of applications for legal aid by a child, his parents and any person with parental responsibility for him in relation to proceedings under sections 31, 43, 44 and 45 of the Children Act 1989 (orders relating to the care and supervision, assessment or emergency protection of children) (the new section 15(3C));
(b) by waiving the means test for those parties mentioned in (a) above who are then parties to an appeal in relation to care proceedings (the new section 15(3D));
(c) by waiving the merits test in respect of other persons who apply to be or who are joined as parties to the proceedings specified in (a) above (the new section 15(3E)).
These provisions can be summarised as follows:
Proceedings
Parties
Means/merits waived
Section
section 31, 43, 44 and 45
child, parents, parental responsibility
means and merits
15(3C)
appeal of care proceedings
as above
means
15(3D)
application to join/joined as party to ss 31, 43, 44 and 45
any
merits
15(3E)
The existing provisions in the Legal Aid Act 1988 relating to the availability of legal aid for care proceedings and civil legal aid in magistrates' courts are preserved in relation to proceedings commenced prior to the Children Act 1989 coming into force.

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Source: https://www.legislation.gov.uk/uksi/1991/1924/note (the official version)
Page: https://openlegislation.uk/legal-aid-act-1988-children-act-1989-order-1991/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.