LegalizeThe Community Legal Service (Funding) (Amendment) Order 2008
Made: 20th May 2008
Laid before Parliament: 20th May 2008
Coming into force: 1st July 2008
The Lord Chancellor makes the following Order in exercise of the powers conferred by section 6(4) of the Access to Justice Act 19991. He has consulted the General Council of the Bar and the Law Society in accordance with section 25(2) of that Act and has had regard to the matters specified in section 25(3) of that Act.
Citation, commencement and interpretation
1
- (1) This Order may be cited as the Community Legal Service (Funding) (Amendment) Order 2008 and comes into force on 1st July 2008.
- (2) In this Order “the 2007 Order” means the Community Legal Service (Funding) Order 20072.
Transitional provision
2
Where—
- (a) an application for funded services is made before 1st July 2008; or
- (b) a client is in receipt of Legal Help before 1st July 2008 and the funded services are extended on or after that date to include Help at Court or Legal Representation,
the 2007 Order shall continue to have effect as if this Order had not been made.
Amendments to the 2007 Order
3
In article 3(1) of the 2007 Order, in the definition of “Unified Contract”, for “the contract document, the schedule” substitute “the contract for signature, the schedules”.
4
For article 5(1)(a) of the 2007 Order substitute—
(a) after competitive tendering has taken place (whether or not as to price) and under which funded services specified in the contract (including services provided at a specified place or on behalf of a specified type of client) may be provided only by the successful tenderers;
5
For the Schedule to the 2007 Order substitute the Schedule set out in the Schedule to this Order.
SCHEDULE
The following Schedule is substituted for the Schedule to the 2007 Order.
SCHEDULE Words and expressions used in this Schedule have the same meaning as in the Unified Contract. The fees and rates in this Schedule are exclusive of value added tax.
| Category | Under Specialist Quality Mark Fixed fee | Under Specialist Quality Mark Exceptional Thresholds | Tolerance Fixed Fee | Tolerance Exceptional Thresholds |
|---|---|---|---|---|
| Actions against the Police | £266 | £798 | £154 | £462 |
| Clinical Negligence | £217 | £651 | £- | £- |
| Community Care | £296 | £888 | £179 | £537 |
| Consumer General Contract | £177 | £531 | £149 | £447 |
| Debt | £200 | £600 | £123 | £369 |
| Education | £302 | £906 | £152 | £456 |
| Employment | £230 | £690 | £150 | £450 |
| Housing | £174 | £522 | £138 | £414 |
| Miscellaneous | £88 | £264 | £- | £- |
| Personal Injury | £208 | £624 | £- | £- |
| Public Law | £288 | £864 | £207 | £621 |
| Welfare Benefits | £167 | £501 | £136 | £408 |
| National |
|---|
| £147 |
| National |
|---|
| £405 |
| Party | Court | Number of Clients | Midlands | North | London and South | Wales |
|---|---|---|---|---|---|---|
| Child | Other | 1 | £2,405 | £1,972 | £2,761 | £2,695 |
| Child | Other | 2+ | £3,608 | £2,958 | £4,142 | £4,043 |
| Child | High | 1 | £3,199 | £2,623 | £3,672 | £3,584 |
| Child | High | 2+ | £4,799 | £3,935 | £5,508 | £5,376 |
| Joined Party | Other | - | £1,276 | £986 | £1,482 | £1,606 |
| Joined Party | High | - | £1,697 | £1,311 | £1,971 | £2,136 |
| Parent | Other | 1 | £3,156 | £2,621 | £3,589 | £3,250 |
| Parent | Other | 2 | £3,945 | £3,276 | £4,486 | £4,063 |
| Parent | High | 1 | £4,197 | £3,486 | £4,773 | £4,323 |
| Parent | High | 2 | £5,246 | £4,358 | £5,966 | £5,404 |
| National |
|---|
| £96 |
| National |
|---|
| £162 |
| Fee | Settlement Fee | |
|---|---|---|
| London | £256 | £153 |
| Non-London | £221 | £132 |
| Fee | Settlement Fee | |
| --- | --- | --- |
| London | £268 | £161 |
| Non-London | £231 | £139 |
| Stage 1 (Legal Help) | Stage 2a (CLR) | |
| --- | --- | --- |
| Asylum Graduated Fee | £459 | £252 |
| Immigration Graduated Fee | £260 | £252 |
| Activity | Additional Payment | |
| --- | --- | |
| Representation at the Home Office interview (asylum and immigration cases within scope) | £296 | |
| Representation at oral Case Management Review Hearing | £184 | |
| Representation at telephone Case Management Review Hearing | £100 | |
| Representation at substantive Asylum and Immigration Tribunal hearing | £336 Asylum, £263 Immigration | |
| Additional hearing: part heard or re- list | £179 Asylum, £179 Immigration | |
| All disbursements (interpreters and translators, expert reports, travel expenses) | Separate payment outside Graduated Fee Scheme, subject to cost thresholds | |
| Basic Fees | ||
| --- | --- | |
| Non-Mental Health Review Tribunal | £281 | |
| Level 1 (MHRT) | £143 | |
| Level 2 (MHRT) | £357 | |
| Level 3 (MHRT) | £327 | |
| Additional Fees | ||
| --- | --- | |
| Adjourned Hearing Fee | £130 | |
| Remote Travel payment Level 1 (Mental Health Review Tribunal) | £77 | |
| Remote Travel payment Non-MHRT, Level 2 (MHRT), Level 3 (MHRT) | £153 | |
| London | £84 | |
| --- | --- | |
| Non-London | £79.50 | |
| Activity | London Rate | Non-London Rate |
| --- | --- | --- |
| Preparation, attendance and advocacy | £58.50 per hour | £53.60 per hour |
| Travel and waiting time | £30.90 per hour | £30.00 per hour |
| Routine letters out and telephone calls | £4.50 per item | £4.20 per item |
| Activity | London Rate | Non-London Rate |
| --- | --- | --- |
| Advice as to the merits of an application under section 103A of the Nationality, Immigration and Asylum Act 20024 (where advice has not been received under stage 2 of the graduated fee scheme) or as to an appeal under section 103B or 103E of that Act Advice in relation to asylum applications (including New Asylum Model or legacy cases) made to the Home Office before 1st October 2007 Advice in relation to fresh asylum applications made to the Home Office on or after 1st October 2007, where a previous application was made before that date Bail applications Advice in relation to the completion of forms where a question of law arises, where permitted under the immigration section of the Unified Contract civil specification Advice and applications for a certificate of licensed work, including compliance with the pre-action protocol for judicial review Initial advice in relation to an asylum application prior to attendance at the Asylum Screening Unit where the supplier then ceases to be instructed Advice to unaccompanied children seeking asylum Advice at advice surgeries at detention centres | Advice as to the merits of an application under section 103A of the Nationality, Immigration and Asylum Act 20024 (where advice has not been received under stage 2 of the graduated fee scheme) or as to an appeal under section 103B or 103E of that Act Advice in relation to asylum applications (including New Asylum Model or legacy cases) made to the Home Office before 1st October 2007 Advice in relation to fresh asylum applications made to the Home Office on or after 1st October 2007, where a previous application was made before that date Bail applications Advice in relation to the completion of forms where a question of law arises, where permitted under the immigration section of the Unified Contract civil specification Advice and applications for a certificate of licensed work, including compliance with the pre-action protocol for judicial review Initial advice in relation to an asylum application prior to attendance at the Asylum Screening Unit where the supplier then ceases to be instructed Advice to unaccompanied children seeking asylum Advice at advice surgeries at detention centres | Advice as to the merits of an application under section 103A of the Nationality, Immigration and Asylum Act 20024 (where advice has not been received under stage 2 of the graduated fee scheme) or as to an appeal under section 103B or 103E of that Act Advice in relation to asylum applications (including New Asylum Model or legacy cases) made to the Home Office before 1st October 2007 Advice in relation to fresh asylum applications made to the Home Office on or after 1st October 2007, where a previous application was made before that date Bail applications Advice in relation to the completion of forms where a question of law arises, where permitted under the immigration section of the Unified Contract civil specification Advice and applications for a certificate of licensed work, including compliance with the pre-action protocol for judicial review Initial advice in relation to an asylum application prior to attendance at the Asylum Screening Unit where the supplier then ceases to be instructed Advice to unaccompanied children seeking asylum Advice at advice surgeries at detention centres |
| Preparation, attendance and advocacy | £57.35 per hour | £52.55 per hour |
| Travel and waiting time | £30.30 per hour | £29.45 per hour |
| Routine letters out and telephone calls | £4.40 per item | £4.10 per item |
| Activity | London Rate | Non-London Rate |
| --- | --- | --- |
| Preparation, attendance and advocacy | £54.15 per hour | £51.05 per hour |
| Travel and waiting time | £28.60 per hour | £28.60 per hour |
| Routine letters out and telephone calls | £4.20 per item | £4.05 per item |
| Activity | London Rate | Non-London Rate |
| --- | --- | --- |
| Preparation, attendance and advocacy | £62.40 per hour | £58.40 per hour |
| Travel and waiting time | £30.90 per hour | £30.05 per hour |
| Routine letters out and telephone calls | £4.50 per item | £4.20 per item |
| Activity | London Rate | Non-London Rate |
| --- | --- | --- |
| Preparation, attendance and advocacy | £51.70 per hour | £48.75 per hour |
| Travel and waiting time | £27.35 per hour | £27.35 per hour |
| Routine letters out and telephone calls | £4.00 per item | £3.85 per item |
| Activity | London Rate | Non-London Rate |
| --- | --- | --- |
| Asylum applications (including New Asylum Model or legacy cases) made to the Home Office before 1st October 2007 Fresh asylum applications made to the Home Office on or after 1st October 2007, where a previous application was made before that date Applications under section 103A of the Nationality, Immigration and Asylum Act 2002 which are not subject to an order under section 103D of that Act6 Bail applications Advice in relation to the completion of forms where a question of law arises, where permitted under the immigration section of the Unified Contract civil specification Representation of unaccompanied children seeking asylum | Asylum applications (including New Asylum Model or legacy cases) made to the Home Office before 1st October 2007 Fresh asylum applications made to the Home Office on or after 1st October 2007, where a previous application was made before that date Applications under section 103A of the Nationality, Immigration and Asylum Act 2002 which are not subject to an order under section 103D of that Act6 Bail applications Advice in relation to the completion of forms where a question of law arises, where permitted under the immigration section of the Unified Contract civil specification Representation of unaccompanied children seeking asylum | Asylum applications (including New Asylum Model or legacy cases) made to the Home Office before 1st October 2007 Fresh asylum applications made to the Home Office on or after 1st October 2007, where a previous application was made before that date Applications under section 103A of the Nationality, Immigration and Asylum Act 2002 which are not subject to an order under section 103D of that Act6 Bail applications Advice in relation to the completion of forms where a question of law arises, where permitted under the immigration section of the Unified Contract civil specification Representation of unaccompanied children seeking asylum |
| Preparation and attendance | £61.20 per hour | £57.25 per hour |
| Travel and waiting time | £30.30 per hour | £29.45 per hour |
| Routine letters out and telephone calls | £4.40 per item | £4.10 per item |
| Advocacy | £69.60 per hour | £69.60 per hour |
| Activity | London Rate | Non-London Rate |
| --- | --- | --- |
| Preparation and attendance | £82.62 per hour | £77.29 per hour |
| Travel and waiting time | £40.91 per hour | £39.76 per hour |
| Routine letters out and telephone calls | £5.94 per item | £5.54 per item |
| Advocacy | £93.96 per hour | £93.96 per hour |
| Activity | London Rate | Non-London Rate |
| --- | --- | --- |
| Preparation and attendance | £64.25 per hour | £60.10 per hour |
| Travel and waiting time | £31.80 per hour | £30.90 per hour |
| Routine letters out and telephone calls | £4.60 per item | £4.30 per item |
| Advocacy | £73.10 per hour | £73.10 per hour |
| Activity | London Rate | Non London Rate |
| --- | --- | --- |
| Preparation and attendance | £64.25 per hour | £60.10 per hour |
| Travel and waiting time | £31.80 per hour | £30.90 per hour |
| Letters and telephone calls | £4.60 per item | £4.30 per item |
| Advocacy | £73.10 per hour | £73.10 per hour |
| Attending tribunal with counsel | £34.20 per hour | £34.20 per hour |
| Activity | Higher Courts | County court and magistrates’ court |
| --- | --- | --- |
| Writing routine letters | £4.70 per item | £4.10 per item |
| Receiving routine letters | £2.35 per hour | £2.05 per item |
| Routine telephone calls | £4.70 per item | £4.10 per item |
| Preparation and attendance | £77.85 per hour (London Rate) £73.15 per hour (Non-London Rate) | £68.20 per hour (London Rate) £64.90 per hour (Non-London Rate) |
| Attending at court or conference with counsel | £41.25 per hour | £36.30 per hour |
| Advocacy | £77.85 per hour (London Rate) £73.15 per hour (Non-London Rate) | £71.50 per hour |
| Travelling and waiting time | £35.75 per hour | £32.45 per hour |
| Activity | Higher Courts | County court and magistrates’ court |
| --- | --- | --- |
| Writing routine letters | £7.05 per item | £6.00 per item |
| Receiving routine letters | £3.50 per hour | £3.00 per item |
| Routine telephone calls | £7.05 per item | £6.00 per item |
| Preparation and attendance | £78.40 per hour (London Rate) £73.05 per hour (Non-London Rate) | £66.00 per hour (London Rate) £61.00 per hour (Non-London Rate) |
| Attending at court or conference with counsel | £41.25 per hour | £36.00 per hour |
| Advocacy | £78.40 per hour (London Rate) £73.05 per hour (Non-London Rate) | £66.00 per hour (London Rate) £63.00 per hour (Non-London Rate) |
| Travelling and waiting time | £35.75 per hour | £32.00 per hour (London Rate) £31.00 per hour (Non-London Rate) |
| Activity | Higher Courts | County court and magistrates’ court |
| --- | --- | --- |
| Writing routine letters | £7.50 per item | £6.60 per item |
| Routine telephone calls | £4.15 per hour | £3.65 per item |
| Preparation and attendance | £79.50 per hour (London Rate) £75.00 per hour (Non-London Rate) | £70.00 per hour (London Rate) £66.00 per hour (Non-London Rate) |
| Attending at court or conference with counsel | £37.00 per hour | £32.50 per hour |
| Advocacy | £75.00 per hour | £66.00 per hour |
| Travelling and waiting time | £33.25 per hour | £29.20 per hour |
| Activity | Higher Courts | County court and magistrates’ court |
| --- | --- | --- |
| Writing routine letters | £7.40 per item | £6.50 per item |
| Routine telephone calls | £4.10 per hour | £3.60 per item |
| Preparation and attendance | £78.50 per hour (London Rate) £74.00 per hour (Non-London Rate) | £69.00 per hour (London Rate) £65.00 per hour (Non-London Rate) |
| Attending at court or conference with counsel | £36.40 per hour | £32.00 per hour |
| Advocacy | £74.00 per hour | £65.00 per hour |
| Travelling and waiting time | £32.70 per hour | £28.75 per hour |
| Activity | London Rate | Non-London Rate |
| --- | --- | --- |
| Preparation and attendance | £61.20 per hour | £57.25 per hour |
| Routine letters out and telephone calls | £4.40 per item | £4.10 per item |
| Advocacy | £69.60 per hour | £69.60 per hour |
| Attending tribunal or conference with counsel | £32.55 per hour | £32.55 per hour |
| Travelling and waiting time | £30.30 per hour | £29.45 per hour |
| Willingness Test | ||
| --- | --- | |
| £25 | ||
| Activity | ||
| --- | --- | |
| Assessment alone | £87 | |
| Assessment separate | £87 | |
| Assessment together | £130 | |
| Category of Work | Single Session | Multi Session |
| --- | --- | --- |
| All Issues Mediation Sole | £168 | £756 |
| All Issues Mediation Co- | £230 | £1,064 |
| Property and Finance Sole | £168 | £588 |
| Property and Finance Co- | £230 | £834 |
| Child Sole | £168 | £462 |
| Child Co- | £230 | £647 |
Signed
Signed by authority of the Lord Chancellor
Hunt — Parliamentary Under Secretary of State — Ministry of Justice — 20th May 2008
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order amends the Community Legal Service (Funding) Order 2007, which imposes conditions on the funding of services as part of the Community Legal Service, by limiting the powers of the Legal Services Commission to pay remuneration under contract for the provision of funded services. Article 5 of this Order substitutes a new Schedule containing revised fees and rates payable for funded services for matters begun on or after 1st July 2008. Most of the fees and rates have been increased; the others remain the same. Article 4 excludes from the application of the Schedule certain contracts which are the subject of competitive tendering. Article 3 corrects the definition of “Unified Contract”.
An impact assessment for this instrument has been prepared and is available from Civil Legal Aid Strategy Division, Ministry of Justice, 54 Victoria Street, London SW1E 6QW. It is also annexed to the explanatory memorandum for this instrument, which is available at http://www.opsi.gov.uk.
Footnotes
1999 c.22. The powers were transferred to the Secretary of State by the Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887) and transferred back to the Lord Chancellor by the Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I. 2005/3429).
2002 c. 41. Sections 103A, 103B and 103E were inserted by section 26 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19).
Section 103D was inserted by section 26 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19).
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