Part 1Legal aid

Supplementary

32Foreign law

1

The civil legal services described in Part 1 of Schedule 1 do not include services relating to any law other than the law of England and Wales, except—

a

where express provision to the contrary is made by or under Part 1 of Schedule 1;

b

where such law is relevant for determining any issue relating to the law of England and Wales;

c

in other circumstances specified by the Lord Chancellor by order.

2

A determination by the Director or a court under section 13, 15 or 16 that an individual qualifies for advice, assistance or representation under this Part does not impose a duty on the Lord Chancellor to secure that services relating to any law other than the law of England and Wales are made available, except—

a

where such law is relevant for determining any issue relating to the law of England and Wales;

b

in other circumstances specified by the Lord Chancellor by order.

3

The Lord Chancellor may not make an order under subsection (1) or (2) unless the Lord Chancellor considers—

a

that it is necessary to make the order because failure to do so would result in a breach of—

i

an individual's Convention rights (within the meaning of the Human Rights Act 1998), or

ii

any rights of an individual to the provision of legal services that are F1assimilated enforceable rights, or

b

that it is appropriate to make the order having regard to any risk that failure to do so would result in such a breach.