SCHEDULES

SCHEDULE 1Civil legal services

C1Part 1Services

Annotations:
Modifications etc. (not altering text)

Abuse of position or powers by public authority

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1

Civil legal services provided in relation to abuse by a public authority of its position or powers.

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, 4, 5, 6, 8 and 12 of that Part, and

b

the exclusion in Part 3 of this Schedule.

3Specific exclusion

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

Definitions

4

For the purposes of this paragraph, an act or omission by a public authority does not constitute an abuse of its position or powers unless the act or omission—

a

is deliberate or dishonest, and

b

results in harm to a person or property that was reasonably foreseeable.

5

In this paragraph—

  • “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);

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