SCHEDULES

SCHEDULE 1Civil legal services

C1Part 1Services

Annotations:
Modifications etc. (not altering text)

Abuse of child or vulnerable adult

3

1

Civil legal services provided in relation to abuse of an individual that took place at a time when the individual was a child or vulnerable adult, but only where—

a

the services are provided to the individual, or

b

the individual has died and the services are provided—

i

to the individual's personal representative, or

ii

for the purposes of a claim under the Fatal Accidents Act 1976 for the benefit of the individual's dependants.

2General exclusions

Sub-paragraph (1) is subject to—

a

the exclusions in Part 2 of this Schedule, with the exception of paragraphs 1, 2, 3, 8 and 12 of that Part, and

b

the exclusion in Part 3 of this Schedule.

Specific exclusions

3

The services described in sub-paragraph (1) do not include services provided in relation to clinical negligence.

4

The services described in sub-paragraph (1) do not include services provided in relation to a matter arising under a family enactment.

5Definitions

In this paragraph—

  • “abuse” means physical or mental abuse, including—

    1. a

      sexual abuse, and

    2. b

      abuse in the form of violence, neglect, maltreatment and exploitation;

  • “child” means a person under the age of 18;

  • “clinical negligence” means breach of a duty of care or trespass to the person committed in the course of the provision of clinical or medical services (including dental or nursing services);

  • “family enactment” has the meaning given in paragraph 12;

  • “personal representative”, in relation to an individual who has died, means—

    1. a

      a person responsible for administering the individual's estate under the law of England and Wales, Scotland or Northern Ireland, or

    2. b

      a person who, under the law of another country or territory, has functions equivalent to those of administering the individual's estate;

  • “vulnerable adult” means a person aged 18 or over whose ability to protect himself or herself from abuse is significantly impaired through physical or mental disability or illness, through old age or otherwise.