The Civil Legal Aid (Remuneration) Regulations 2013

Made: 25th February 2013

Laid before Parliament: 28th February 2013

Coming into force: 1st April 2013

The Lord Chancellor makes the following Regulations in exercise of the powers conferred by sections 2(3), 5(2), 5(4) and 41(1) to (3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 .

Citation and commencement

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These Regulations may be cited as the Civil Legal Aid (Remuneration) Regulations 2013 and come into force on 1st April 2013.

Interpretation

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• (1) In these Regulations—

• “the Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012;

• “1981 Act” means the Senior Courts Act 1981;

• “1984 Act” means the Matrimonial and Family Proceedings Act 1984;

• “2003 Act” means the Courts Act 2003;

• “advocate” means a person who exercises a right of audience before a court, tribunal or other person and “advocacy” means the exercise of such a right;

• “advocates' meeting” means an advocates' meeting directed by the court pursuant to the outline set out in the table following paragraph 1.3 of Practice Direction 12A (Care, Supervision and other Part 4 Proceedings: Guide to Case Management) to the Family Procedure Rules 2010;

• “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; andby counsel in connection with an opinion,and fees and rates for advocacy services include, unless different provision is made in these Regulations, remuneration for preparatory work, attendances, travelling and waiting in relation to those services but does not include anything done that falls under the definition of “online procedure advocacy services”;

• ...

• “authorised” means authorised by the President of the Family Division, or nominated by or on behalf of the Lord Chief Justice to conduct particular business, under powers granted by rules made under section 31D of the 1984 Act;

• “Category Definition” means one of the Category Definitions that form part of the 2010 Standard Civil Contract , the 2013 Standard Civil Contract , the 2014 Standard Civil Contract , the 2015 Standard Civil Contract , 2018 Standard Civil Contract or 2024 Standard Civil Contract;;

• “Controlled Work” has the same meaning as in regulation 21(2) of the Civil Legal Aid (Procedure) Regulations 2012 ;

• “costs judge” means—the Chief Taxing Master;a taxing master of the Senior Courts; ora person appointed to act as deputy for the person holding office referred to in sub-paragraph (b) or to act as a temporary additional officer for any such office;

• “counsel” means—a barrister in independent practice; anda solicitor or Fellow of the Institute of Legal Executives who does not work in a partnership and who is not a party to the relevant contract;

• “family proceedings” means proceedings which arise out of family relationships, and includes proceedings in which the welfare of children is determined, and includes proceedings under the following—the Matrimonial Causes Act 1973 ;the Adoption Act 1976 ;the Domestic Proceedings and Magistrates' Courts Act 1978 ;Part III (financial relief in England and Wales after overseas divorce etc) of the Matrimonial and Family Proceedings Act 1984 ;Parts I to V (introductory, orders with respect to children in family proceedings, local authority support for children and families, care and supervision, protection of children) of the Children Act 1989 ; section 119 and section 124 of the Social Services and Well-being (Wales) Act 2014 (use of accommodation for restricting liberty); Part IV (family homes and domestic violence) of the Family Law Act 1996 ;the Adoption and Children Act 2002 ;the Civil Partnership Act 2004 ; andthe inherent jurisdiction of the High Court in relation to children,but does not include judicial review proceedings, proceedings under the Inheritance (Provision for Family and Dependants) Act 1975 or proceedings under the Trusts of Land and Appointment of Trustees Act 1996 ;

• “judge of circuit judge level” means—a circuit judge who is authorised, where applicable;a Recorder who is authorised, where applicable; orany other judge of the family court authorised to sit as a judge of circuit judge level in the family court;

• “judge of district judge level” means—the Senior District Judge of the Family Division;a district judge of the Principal Registry of the Family Division;a person appointed to act as deputy for the person holding office referred to in sub-paragraph (b) or to act as a temporary additional officer for any such office;a district judge who is authorised, where applicable;a deputy district judge appointed under section 102 of the 1981 Act or section 8 of the County Courts Act 1984 who is authorised, where applicable;an authorised District Judge (Magistrates’ Courts); orany other judge of the family court authorised to sit as a judge of district judge level in the family court;

• “judge of High Court judge level” means—a deputy judge of the High Court;a puisne judge of the High Court;a person who has been a judge of the Court of Appeal or a puisne judge of the High Court who may act as a judge of the family court by virtue of section 9 of the 1981 Act;the Senior President of Tribunals;the Chancellor of the High Court;an ordinary judge of the Court of Appeal (including the vice-president, if any, of either division of that court);the President of the Queen’s Bench Division;the President of the Family Division;the Master of the Rolls; orthe Lord Chief Justice;

• “judge of the family court” means a judge referred to in section 31C(1) of the 1984 Act;

• “justices’ legal adviser” means a person nominated by the Lord Chancellor who is authorised to exercise functions under section 28(1) of the Courts Act 2003;

• “lay justice” means an authorised justice of the peace who is not a District Judge (Magistrates’ Courts);

• “legally aided person” means a person for whom civil legal services are made available under arrangements made for the purposes of Part 1 of the Act and “client” has the same meaning;

• "online procedure advocacy services" means advocacy in relation to online procedure cases, and fees and rates for online procedure advocacy services include remuneration for travelling and waiting in relation to those services;

• “provider” means a party, other than the Lord Chancellor, to the relevant contract;

• “the relevant contract” means whichever of the 2010 Standard Civil Contract, the 2010 Standard Crime Contract, the 2013 Standard Civil Contract , the 2013 Individual Case Contract (Civil) , the 2014 Standard Civil Contract , the 2014 Standard Civil Contract (Welfare Benefits) , the 2015 Standard Civil Contract , the 2016 Standard Civil Contract (Welfare Benefits) , 2017 Standard Crime Contract, 2018 Standard Civil Contract, 2022 Standard Crime Contract or 2024 Standard Civil Contract governs the provision of civil legal services for which remuneration is claimed; and

• “the 2010 Standard Civil Contract”, “the 2010 Standard Crime Contract”, “the 2013 Standard Civil Contract”, the “2013 Individual Case Contract (Civil)” , the 2013 Individual Case Contract (High Cost Civil)” , the 2014 Standard Civil Contract , “the 2014 Standard Civil Contract (Welfare Benefits)” , “the 2015 Standard Civil Contract” , “the 2016 Standard Civil Contract (Welfare Benefits)” and “the 2018 Standard Civil Contract” mean the contracts so named between the Lord Chancellor and a provider of civil legal services under Part 1 of the Act (legal aid).

• (2) A reference in these Regulations to the following forms of civil legal services—

• (a) legal help;

• (b) help at court;

• (c) family help;

• (d) family mediation;

• (e) help with family mediation;

• (f) legal representation; and

• (g) other legal services,

is to the provision of those forms of service as defined in Part 2 of the Civil Legal Aid (Merits Criteria) Regulations 2013 .

Value Added Tax

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All rates and fees set out in the Schedules are exclusive of value added tax.

Delegation

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A function of the Lord Chancellor under these Regulations may be exercised by, or by an employee of, a person authorised for that purpose by the Lord Chancellor .

Non application to civil legal services provided under certain contracts

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• (1) Regulations 5A to 11 are subject to this regulation.

• (2) These Regulations do not apply to the payment of remuneration by the Lord Chancellor to persons who provide civil legal services where the provision of those services is governed by a contract between a person and the Lord Chancellor which has been awarded as part of any pilot which provides for remuneration by way of one or more standard fees.

• (3) With the exception of regulations 5A, 7 and 10, these Regulations do not apply to the payment of remuneration by the Lord Chancellor to persons who provide civil legal services where the provision of those services is governed by a contract between a person and the Lord Chancellor which has been awarded after competitive tendering as to price has taken place.

• (4) With the exception of regulations 5A and 10, these Regulations do not apply to the payment of remuneration by the Lord Chancellor to persons who provide civil legal services where the provision of those services is governed by the Individual Case Contract (High Cost Civil).

• (5) Where paragraph (3) applies, the reference in regulation 10(a) to “the relevant contract” is to the contract between a person and the Lord Chancellor which has been awarded after competitive tendering as to price has taken place.

• (6) Where paragraph (4) applies, the reference in regulation 10(a) to “the relevant contract” is to the Individual Case Contract (High Cost Civil).

Remuneration for civil legal services: general

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• (1) This regulation applies to the payment by the Lord Chancellor of remuneration to providers of civil legal services other than—

• (a) advocacy services in family proceedings; or

• (b) civil legal services in relation to inquests.

• (2) Subject to regulation 5A, the Lord Chancellor must pay remuneration to a provider of civil legal services in accordance with—

• (a) the relevant contract; and

• (b) subject to paragraph (3), the fees and rates set out in Schedule 1.

• (3) The Lord Chancellor may pay a percentage enhancement to the hourly rates set out in Schedule 1, but the percentage enhancement must not exceed—

• (a) 100% for proceedings in the Upper Tribunal, High Court, Court of Appeal or the Supreme Court; and

• (b) 50% for all other proceedings.

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• (1) This regulation applies to the payment by the Lord Chancellor of remuneration for civil legal services provided by barristers in independent practice where the civil legal services—

• (a) are in relation to work that is not Controlled Work; and

• (b) are not—

• (i) advocacy services in family proceedings; or

• (ii) other legal services in relation to inquests.

• (2) Subject to paragraphs (3) to (4A) Subject to regulation 5A and paragraphs (3) and (4) of this regulation,, the Lord Chancellor must pay remuneration for civil legal services to which this regulation applies in accordance with the rates set out in Schedule 2.

• (3) The Lord Chancellor may pay an enhancement to the hourly rates set out in Table 1 of Schedule 2 where—

• (a) the work was done with exceptional competence, skill or expertise;

• (b) the work was done with exceptional speed; or

• (c) the case involved exceptional circumstances or complexity.

• (3A) Subject to paragraph (3B), when calculating the percentage by which the hourly rates may be enhanced under paragraph (3), the Lord Chancellor must have regard to the—

• (a) degree of responsibility accepted by the barrister;

• (b) care, speed and efficiency with which the barrister prepared the case; and

• (c) novelty, weight and complexity of the case.

• (3B) The Lord Chancellor must not pay an enhancement which exceeds—

• (a) 100% for proceedings in the Upper Tribunal or High Court; or

• (b) 50% for all other proceedings.

• (4) Where a barrister in independent practice who is not a Queen’s Counsel provides civil legal services in a category not listed in Table 1 or Table 2 in Schedule 2, in considering the rate at which to remunerate the barrister for the services provided, the Lord Chancellor must have regard to the rates set out in Table 1 and the provisions relating to enhancement under paragraphs (3) to (3B).

• (4A) Where a barrister in independent practice who is a Queen’s Counsel provides civil legal services in a category not listed in Table 2 in Schedule 2, in considering the rate at which to remunerate the barrister for the services provided, the Lord Chancellor must have regard to the rates set out in that Table.

• (5) For the purpose of this regulation—

• (a) in determining what is exceptional, the Lord Chancellor may have regard to the generality of proceedings to which the relevant rates apply;

• (b) “care” includes the skill with which the barrister has carried out the work and, in particular, the care with which the barrister has dealt with a vulnerable client; and

• (c) “weight” means the—

• (i) volume of documentation or other material in a case;

• (ii) number of issues arising in a case; or

• (iii) importance of the case to the client.

Remuneration: advocacy services in family proceedings

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• (1) This regulation applies to the payment by the Lord Chancellor of remuneration for the provision of advocacy services in family proceedings.

• (2) Subject to paragraph (3), the Lord Chancellor must pay remuneration for advocacy services in family proceedings in accordance with—

• (a) the relevant contract; and

• (b) the provisions of Schedule 3.

• (3) The Lord Chancellor must pay remuneration, other than to counsel, for advocacy services in family proceedings provided in the circumstances described in paragraph (4) in accordance with—

• (a) the relevant contract; and

• (b) the relevant hourly rates set out in Schedule 1.

• (4) The circumstances referred to in paragraph (3) are where advocacy services are provided—

• (a) to any party in child abduction proceedings;

• (aa) in proceedings under paragraph 1 of Schedule 2 to the Female Genital Mutilation Act 2003;

• (b) in proceedings under Part IVA (forced marriage) of the Family Law Act 1996 ;

• (c) in disputed proceedings for divorce or judicial separation, for dissolution of a civil partnership or the legal separation of civil partners;

• (d) in proceedings for the nullity of marriage or annulment of a civil partnership;

• (e) in applications for a parental order under the Human Fertilisation and Embryology Act 2008 ;

• (f) in proceedings under the inherent jurisdiction of the High Court in relation to children;

• (g) where the advocate separately represents a child in proceedings which are neither specified proceedings within the meaning of section 41(6) of the Children Act 1989 nor are heard together with such proceedings;

• (h) in proceedings in the Court of Appeal or the Supreme Court;

• (i) in a final appeal; or

• (j) by Queen's Counsel acting as such under a prior authority given by the Lord Chancellor under the relevant contract.

• (5) In paragraph (4), “final appeal” means any appeal against a final order in family proceedings but does not include—

• (a) an application to the court of first instance for permission to appeal; and

• (b) advice on the merits of appealing against a final order.

• (6) Where advocacy services in the circumstances described in paragraph (4) are provided by counsel, the Lord Chancellor must pay remuneration to counsel in accordance with the relevant contract.

• (7) In circumstances where the relevant contract requires the amount of remuneration payable to counsel to be determined having regard to matters including the remuneration that would have been payable had the services been remunerated under the provisions of the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001 , in deciding the amount of remuneration to pay to counsel under paragraph (6) the Lord Chancellor must reduce by 10% the remuneration that would have been payable under that Order.

Remuneration for civil legal services: inquests

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• (1) This regulation applies to the payment by the Lord Chancellor of remuneration for civil legal services provided in relation to inquests.

• (2) The Lord Chancellor must pay remuneration to the provider of civil legal services in relation to an inquest in the form of legal help in accordance with—

• (a) the relevant contract; and

• (b) the fees and rates in Part 1 and Part 2 of Schedule 1 that are applicable to the Category Definition most relevant to the circumstances giving rise to the inquest.

• (3) The Lord Chancellor must pay remuneration for civil legal services provided in relation to an inquest in the form of other legal services in accordance with—

• (a) the relevant contract; and

• (b) subject to paragraph (4), the rates set out in Schedule 4.

• (4) If, due to exceptional circumstances, the Lord Chancellor considers it reasonable to do so, instead of paying remuneration in accordance with the rates set out in Schedule 4, the Lord Chancellor may pay remuneration in accordance with the payment rates set out in Part 2 of Schedule 2 to the Criminal Defence Service (Very High Cost Cases) (Funding) Order 2013

• (5) In paragraph (4), “exceptional circumstances” must relate to one or more of the following—

• (a) the unusual length of the inquest;

• (b) the volume of material; or

• (c) the complexity of the issues.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remuneration: expert services

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The Lord Chancellor must pay remuneration to a provider in relation to expert services incurred as a disbursement by the provider in accordance with—