LegalizeThe Community Legal Service (Funding) (Amendment No. 2) Order 2010
Made: 28th March 2010
Laid before Parliament: 31st March 2010
Coming into force: 14th October 2010
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 No. 2) Order 2010 and comes into force on 14th October 2010.
- (2) In this Order “the 2007 Order” means the Community Legal Service (Funding) Order 2007[^f00002] and words and phrases used in this Order have the same meaning as in the 2007 Order.
Amendments to the 2007 Order
2
The 2007 Order is amended as follows.
3
In article 3(1)—
- (a) after the definition of “the 2007 Act” insert—
- “2010 Standard Civil Contract” means the contract between the Commission and a provider for the provision of funded services, including the contract for signature, the standard terms, the schedules and the specifications[^f00003];
- “advocates’ meeting” means an advocates’ meeting held under stage 2 or 3 of the Public Law Outline;
- “advocacy services” means work done— by an advocate at a court hearing; by an advocate, as such, in connection with an advocates’ meeting; by counsel in connection with a conference, and by counsel in connection with an opinion; and fees and rates for advocacy services include remuneration for preparatory work, travelling (except where an exceptional travel fee is payable under Schedule 2) and waiting in relation to those services;
- “child abduction proceedings” means proceedings within section 11.13 of Part 1 of the Funding Code or a dispute about legal rights and duties which would fall within that section if the level of service provided were to be extended to Legal Representation;
- (b) after the definition of “Commission” insert—
- “counsel” means—
- a barrister in independent practice; and
- a solicitor or Fellow of the Institute of Legal Executives who does not work in a partnership and who does not hold a 2010 Standard Civil Contract;;
- (c) after the definition of “Mental Health Proceedings” insert—
- “Public Law Outline” means the outline set out in the table following paragraph 10 of the Practice Direction, Public Law Proceedings: Guide to Case Management, April 2010, given by the President of the Family Division;
- (d) omit the definition of “Unified Contract”.
4
In article 3(2)—
- (a) after ““Family Help (Lower)”” insert ““Family Help (Higher)”, “Investigative Help””;
- (b) for ““and “Legal Representation”” substitute ““Legal Representation” and “Full Representation””.
5
- (1) In article 5(2), in each place where it appears, for “the Schedule to this Order” substitute “Schedule 1”.
- (2) For the Schedule to the 2007 Order substitute Schedule 1 as set out in Schedule 1 to this Order.
6
- (1) After article 5 insert—
(5A) (1) In proceedings to which this article applies, the Commission must fund advocacy services as part of the Community Legal Service in accordance with— (a) the fees and rates set out in Schedule 2; and (b) the provisions of the 2010 Standard Civil Contract. (2) This article applies to advocacy services in family proceedings except for services provided— (a) to any party in child abduction proceedings; (b) in proceedings under the Inheritance (Provision for Family and Dependants) Act 1975[^f00004]; (c) in proceedings under the Trusts of Land and Appointment of Trustees Act 1996[^f00005]; (d) in proceedings under Part 4A of the Family Law Act 1996[^f00006]; (e) in defended proceedings for divorce or judicial separation or for dissolution of a civil partnership or the legal separation of civil partners; (f) in proceedings for nullity of marriage or annulment of a civil partnership; (g) in applications for a parental order under the Human Fertilisation and Embryology Act 2008[^f00007]; (h) in proceedings under the inherent jurisdiction of the High Court in relation to children; (i) where the advocate separately represents a child in proceedings other than proceedings which are specified proceedings within the meaning of section 41(6) of the Children Act 1989[^f00008] or are heard together with such specified proceedings; (j) in proceedings in the Court of Appeal or the Supreme Court; (k) in a final appeal (as defined in the 2010 Standard Civil Contract); (l) by Queen’s Counsel acting as such under a prior authority given by the Commission; (m) under an individual case contract for a high cost case issued under rule A3 of Part 2 of the Funding Code. (5B) Nothing in this Order prevents the Commission from paying reasonable disbursements.
- (2) Schedule 2, which contains the Schedule referred to in article 5A(1), inserted by paragraph (1), has effect.
7
Where—
- (a) an application for funded services is made before 14th October 2010; or
- (b) a client is in receipt of Investigative Help and Family Help (Higher) before 14th October 2010 and the funded services are extended on or after that date to include Full Representation; or
- (c) a certificate issued under the Funding Code covers funded services which were applied for before 14th October 2010 (whether or not the scope of the certificate is extended on or after that date),
the 2007 Order continues to have effect as if this Order had not been made.
Revocation of the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001
8
- (1) Subject to paragraph (2), the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001[^f00009] is revoked.
- (2) That Order continues to have effect where—
- (a) an application for funded services is made before 14th October 2010; or
- (b) a client is in receipt of Investigative Help and Family Help (Higher) before 14th October 2010 and the funded services are extended on or after that date to include Full Representation; or
- (c) a certificate issued under the funding code covers funded services which were applied for before 14th October 2010 (whether or not the scope of the certificate is extended on or after that date).
SCHEDULE 1
The following Schedule is substituted for the Schedule to the 2007 Order.
SCHEDULE1 Words and expressions used in this Schedule have the same meaning as in the 2010 Standard Civil Contract. The fees and rates in this Schedule are exclusive of value added tax.
| Category | Schedule Authorisation Fixed fee | Schedule Authorisation 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 | £226 | £678 | £154 | £462 |
| 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 | £2,165 | £1,775 | £2,485 | £2,426 |
| Child | Other | 2 or more | £3,247 | £2,662 | £3,728 | £3,639 |
| Child | High | 1 | £2,879 | £2,361 | £3,305 | £3,226 |
| Child | High | 2 or more | £4,319 | £3,542 | £4,957 | £4,838 |
| Joined Party | Other | - | £1,148 | £887 | £1,334 | £1,445 |
| Joined Party | High | - | £1,527 | £1,180 | £1,774 | £1,922 |
| Parent | Other | 1 | £2,840 | £2,359 | £3,230 | £2,925 |
| Parent | Other | 2 | £3,551 | £2,948 | £4,037 | £3,657 |
| Parent | High | 1 | £3,777 | £3,137 | £4,296 | £3,891 |
| Parent | High | 2 | £4,721 | £3,922 | £5,369 | £4,864 |
| National |
|---|
| £96 |
| National |
|---|
| £162 |
| Fee | Settlement Fee | |
|---|---|---|
| London | £256 | £153 |
| Non-London | £221 | £132 |
| Fee | Settlement Fee | |
| --- | --- | --- |
| London | £268 | £161 |
| Non-London | £231 | £139 |
| Court | Family Help (Higher) Standard fee | |
| --- | --- | --- |
| London | Other | £471 |
| High Court | £565 | |
| Non-London | Other | £392 |
| High Court | £471 | |
| Court | Family Help (Higher) Standard Fee | |
| --- | --- | --- |
| London | Other | £523 |
| High Court | £628 | |
| Non-London | Other | £436 |
| High Court | £523 | |
| Court | Legal Representation Standard Fee | |
| --- | --- | --- |
| London | Other | £675 |
| High Court | £810 | |
| Non-London | Other | £563 |
| High Court | £675 | |
| Stage 1 (Legal Help) | Stage 2a (Controlled Legal Representation) | |
| --- | --- | --- |
| Asylum | £459 | £252 |
| Immigration Non-asylum | £260 | £252 |
| --- | --- | |
| Representation at Home Office interview | £296 | |
| Additional Payment | ||
| --- | --- | |
| Oral Case Management Review Hearing | £184 | |
| Telephone Case Management Review Hearing | £100 | |
| Representation at a substantive hearing in the Immigration and Asylum Chamber of the First-tier Tribunal | £336 Asylum, £263 Immigration | |
| Additional day substantive hearing | £179 Asylum, £179 Immigration | |
| --- | --- | |
| On-site surgery – advising five or more clients | £400 | |
| On-site surgery – advising four clients or fewer | £200 | |
| Fast-track standby payment | £37.80 | |
| Basic Fees | ||
| --- | --- | |
| Mental Health – non-Tribunal | £281 | |
| Level 1 (Mental Health Proceedings) | £143 | |
| Level 2 (Mental Health Proceedings) | £357 | |
| Level 3 (Mental Health Proceedings) | £327 | |
| Additional Fees | ||
| --- | --- | |
| Adjourned Hearing Fee | £130 | |
| Remote Travel payment Level 1 (Mental Health Proceedings) | £77 | |
| Remote Travel payment: Mental Health – non-Tribunal, Level 2 (Mental Health Proceedings), Level 3 (Mental Health Proceedings) | £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 |
| --- | --- | --- |
| 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 | £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 | £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 |
| --- | --- | --- |
| 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 | £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 | £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 | £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 family proceedings court |
| --- | --- | --- |
| Writing routine letters | £4.70 per item | £4.10 per item |
| Receiving routine letters | £2.35 per item | £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 family proceedings court |
| --- | --- | --- |
| Writing routine letters | £7.05 per item | £6.00 per item |
| Receiving routine letters | £3.50 per item | £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 item | £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 item | £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 Sole Mediation | £168 | £756 |
| All Issues Co-Mediation | £230 | £1,064 |
| Property and Finance Sole Mediation | £168 | £588 |
| Property and Finance Co-Mediation | £230 | £834 |
| Child Sole Mediation | £168 | £462 |
| Child Co-Mediation | £230 | £647 |
SCHEDULE 2
The following Schedule is inserted as Schedule 2 to the 2007 Order.
SCHEDULE 2 Words and expressions used in this Schedule have the same meaning as in the 2010 Standard Civil Contract. The fees and rates in this Schedule are exclusive of value added tax.
| Court | Hearing unit 1 (up to 1 hour) | Hearing unit 2 (up to 2.5 hours) | Conference fee | Opinion fee | Advocates’ meeting fee | Final hearing fee (per day) |
|---|---|---|---|---|---|---|
| Family proceedings court | £96.35 | £240.90 | £141.90 | £117.40 | £142.40 | £562.50 |
| County court | £106.00 | £264.95 | £141.90 | £117.40 | £156.65 | £618.75 |
| High Court | £127.20 | £317.95 | £141.90 | £117.40 | £188.00 | £742.50 |
| Court | Hearing unit 1 (up to 1 hour | Hearing unit 2 (up to 2.5 hours) | Conference fee | Opinion fee | Advocates’ meeting fee | Final hearing fee (per day) |
| --- | --- | --- | --- | --- | --- | --- |
| Family proceedings court | £84.25 | £210.65 | £141.90 | £117.40 | £142.40 | £515.90 |
| County court | £92.65 | £231.70 | £141.90 | £117.40 | £156.65 | £567.50 |
| High Court | £111.20 | £278.00 | £141.90 | £117.40 | £188.00 | £681.00 |
| Category | Payable for | Fee | ||||
| --- | --- | --- | ||||
| Client – allegation of harm | Hearing | 25% of hearing unit fee | ||||
| Client – lack of understanding etc | Hearing | 25% of hearing unit fee | ||||
| Expert’s cross-examination | Hearing | 25% of hearing unit fee | ||||
| Exceptional travel fee | Hearings, advocates’ meetings and conferences | £35.60 | ||||
| Hearing | CB1 (350-700 pages) | CB2 (701-1400 pages) | CB3 (over 1400 pages) | |||
| --- | --- | --- | --- | |||
| Interim hearing | £66.00 | £99.00 | - | |||
| Final hearing | £177.00 | £266.00 | £354.00 | |||
| Court | Hearing unit 1 (up to 1 hour) | Hearing unit 2 (up to 2.5 hours) | Conference fee | Opinion fee | Final hearing (per day) | |
| --- | --- | --- | --- | --- | --- | |
| Family proceedings court | £69.65 | £174.15 | £139.30 | £104.50 | £441.15 | |
| County court | £76.60 | £191.55 | £139.30 | £104.50 | £485.25 | |
| High Court | £91.95 | £229.85 | £139.30 | £104.50 | £582.30 | |
| Court | Hearing unit 1 (up to 1 hour) | Hearing unit 2 (up to 2.5 hours) | Final hearing fee (per day) | |||
| --- | --- | --- | --- | |||
| Family proceedings court, county court and High Court | £90.55 | £226.40 | £401.30 | |||
| Court | Hearing unit 1 (up to 1 hour) | Hearing unit 2 (up to 2.5 hours) | Family dispute resolution hearing unit 1 | Family dispute resolution hearing unit 2 | Early resolution fee | Conference fee |
| --- | --- | --- | --- | --- | --- | --- |
| County court | £70.20 | £175.50 | £112.30 | £280.80 | £140.40 | £140.40 |
| High Court | £84.25 | £210.60 | £134.80 | £336.95 | £168.50 | £140.40 |
| Category | Payable for | Fee | ||||
| --- | --- | --- | ||||
| Client – allegations of harm | Private law children hearing | 25% of hearing unit fee | ||||
| Expert’s cross-examination | Private law children hearing | 20% of hearing unit fee | ||||
| Exceptional travel fee | Hearings and conferences | £35.60 | ||||
| Hearing | CB1 (350-700 pages) | CB2 (701-1400 pages) | CB3 (over 1400 pages) | |||
| --- | --- | --- | --- | |||
| Interim hearing | £66.00 | £99.00 | - | |||
| Final hearing | £177.00 | £266.00 | £354.00 |
Signed
Signed by authority of the Lord Chancellor
Bach — Parliamentary Under Secretary of State — Ministry of Justice — 28th March 2010
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order 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. The Order substitutes a new schedule which sets out revised remuneration fees and rates which will be payable for funded services. The Order also requires the Commission to pay remuneration for advocacy services in certain family proceedings at rates and fees set out in a second schedule and in accordance with the 2010 Standard Civil Contract issued by the Commission. As a consequence of this, the Order governing the payment of remuneration to counsel in family proceedings is revoked.
An impact assessment was published on 21st October 2009 by the Legal Services Commission as part of “Family Legal Aid Funding from 2010: a Consultation Response” and is available from the Commission at 4 Abbey Orchard Street, London SW1P 2BS or at www.legalservices.gov.uk.
Footnotes
[^f00001]: 1999 c. 22. The reference in section 6 to the Lord Chancellor was changed to the Secretary of State by S.I. 2003/1887 and changed back to the Lord Chancellor by S.I. 2005/3429. Section 25(8A) was inserted by section 153 of the Coroners and Justice Act 2009 (c. 25).
[^f00002]: S.I. 2007/2441, amended by S.I. 2008/1328, 2008/2704, 2009/2468 and 2010/95.
[^f00003]: Published by the Commission on 26th March 2010 and available on its website at www.legalservices.gov.uk.
[^f00004]: 1975 c. 63.
[^f00005]: 1996 c. 47.
[^f00006]: 1996 c. 27. Part 4A was inserted by section 1 of the Forced Marriage (Civil Protection) Act 2007 (c. 20).
[^f00007]: 2008 c. 22.
[^f00008]: 1989 c. 41. Section 41(6) was amended by section 122(1)(a) of the Adoption and Children Act 2002 (c. 38).
[^f00009]: S.I. 2001/1077, amended by S.I. 2003/2590. 2005/184, 2006/2364, 2007/2443, 2007/3169 and 2008/666.
[^f00010]: 1996 c.52.
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