10 Exceptional cases

10  Exceptional cases

(1)     Civil legal services other than services described in Part 1 of Schedule 1 are to be available to an individual under this Part if subsection (2) or (4) is satisfied.

(2)     This subsection is satisfied where the Director—

(a)     has made an exceptional case determination in relation to the individual and the services, and

(b)     has determined that the individual qualifies for the services in accordance with this Part,

(and has not withdrawn either determination).

(3)     For the purposes of subsection (2), an exceptional case determination is a determination—

(a)     that it is necessary to make the services available to the individual under this Part because failure to do so would be a breach of—

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

(ii)     any rights of the individual to the provision

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