Part 2Amendment to Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012

Amendments relating to domestic abuse and immigration

article 3 + 3.—(1) Part 1 (services) is amended as follows.

(2) In the heading of paragraph 11, for “domestic violence” substitute “domestic abuse”.

(3) In paragraph 12—

article 3 3 a + (a)in the heading and in sub-paragraphs (1)(a) and (b) and (6), for “domestic violence” substitute “domestic abuse”;

article 3 3 b + (b)in sub-paragraph (9), for the definition of “domestic violence” substitute—

term domestic abuse + ““domestic abuse” means any incident, or pattern of incidents, of controlling, coercive or threatening behaviour, violence or abuse (whether psychological, physical, sexual, economic or emotional) between individuals who are associated with each other; and for these purposes, such behaviour, violence or abuse between individuals may consist of or include behaviour, violence or abuse directed at another individual;”.

(4) In paragraph 28—

article 3 4 a + (a)for the heading substitute “Immigration: victims of domestic abuse, leave to enter and indefinite leave to remain”;

article 3 4 b + (b)for sub-paragraph (1) substitute—

“(1) Civil legal services provided to an individual in relation to an application for leave to enter or indefinite leave to remain in the United Kingdom in reliance on Appendix Victim of Domestic Abuse to the immigration rules(1).”;

article 3 4 c + (c)omit sub-paragraph (4);

article 3 4 d + (d)in sub-paragraph (5)—

article 3 4 d i + (i)omit the definitions of “cohabitant” and “domestic violence”;

article 3 4 d ii + (ii)before the definition of “indefinite leave to remain in the United Kingdom” insert—

term immigration rules + ““immigration rules” has the same meaning as in the Immigration Act 1971(2);”;

article 3 4 d iii + (iii)after the definition of “indefinite leave to remain in the United Kingdom” insert—

term leave to enter + ““leave to enter” is to be construed in accordance with the Immigration Act 1971(3);”;

article 3 4 d iv + (iv)omit the definition of “present and settled in the United Kingdom”.

(5) In paragraph 29—

article 3 5 a + (a)in the heading and in sub-paragraph (1)(c), for “domestic violence” substitute “domestic abuse”;

article 3 5 b + (b)in sub-paragraph (4), for the definition of “domestic violence” substitute—

term domestic abuse + ““domestic abuse” means any incident, or pattern of incidents, of controlling, coercive or threatening behaviour, violence or abuse (whether psychological, physical, sexual, economic or emotional) between individuals who are associated with each other; and for these purposes, such behaviour, violence or abuse between individuals may consist of or include behaviour, violence or abuse directed at another individual;”.