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United Kingdom Statutory Instruments
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URL: http://www.bailii.org/uk/legis/num_reg/2005/20050184.html

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STATUTORY INSTRUMENTS

2005 No. 184

LEGAL SERVICES COMMISSION, ENGLAND AND WALES

The Community Legal Service (Funding) (Counsel in Family Proceedings) (Amendment) Order 2005

  Made 31st January 2005 
  Laid before Parliament 2nd February 2005 
  Coming into force 28th February 2005 

The Secretary of State, in exercise of the powers conferred upon the Lord Chancellor by section 6(4) of the Access to Justice Act 1999[1] and now vested in him[2], having regard to the matters specified in section 25(3) and having consulted the General Council of the Bar and the Law Society, makes the following Order:

Citation, commencement and interpretation
     1.  - (1) This Order may be cited as the Community Legal Service (Funding) (Counsel in Family Proceedings) (Amendment) Order 2005 and shall come into force on 28th February 2005.

    (2) In this Order reference to an article or Schedule alone means an article or Schedule so numbered in the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001[3].

Transitional provisions
     2.  - (1) This Order applies for the purposes of - 

    (2) In all other circumstances the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001 shall have effect as if articles 3 to 18 of, and the Schedule to, this Order had not been made.

    (3) In this article reference to a certificate is to a certificate to fund services issued under the Funding Code approved under section 9 of the Access to Justice Act 1999.

Amendment to the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001
     3. In article 2 - 

     4. After article 2 insert - 

     5. In article 4 - 

     6. In article 5(1)(c) after "payment" insert "("CBP")".

     7. In article 6(1) for "Only one base fee" substitute "A maximum of two base fees".

     8.  - (1) After article 9(1)(c) insert - 

    (2) In article 9(1)(d) before "more than" insert "in respect of proceedings which fall within paragraphs 1, 2 or 3 of Schedule 2,".

     9. In article 9(2) - 

     10. For article 9(4) substitute - 

     11. In article 9(5) - 

     12. Omit article 9(7) and (8).

     13. In article 10 - 

     14. In article 10A - 

     15. After article 10A insert - 

     16. After article 12(1) insert - 

     17. For article 17(6) substitute - 

     18. For Schedule 1, substitute the new Schedule 1 set out in the Schedule to this Order.



Signed by authority of the Secretary of State


David Lammy
Parliamentary Under Secretary of State Department for Constitutional Affairs

31st January 2005



SCHEDULE
Article 18







EXPLANATORY NOTE

(This note is not part of the Order)


This Order amends the system for the payment of graduated fees for counsel for work in family proceedings as set out in the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001 ("the 2001 Order").

Articles 3 and 4 separate the definitions of the functions from the main definitions provision to make the definitions clearer. These articles also amend the definitions of functions F2 and F3 to provide for committal hearings to be included under the latter. Article 3 also inserts further definitions consequential on the other provisions of this Order.

Article 5 provides that the 2001 Order does not apply where the use of counsel has not been authorised in advance by the Legal Services Commission, or where the use of counsel is not considered to have been necessary on a costs assessment.

Article 7 makes an amendment to the provide that in mixed or multiple claims, payment of the base fee under functions F1 and F4 may be claimed up to two times in a category.

Article 8 creates three new Special Issue Payments which may arise and be claimed, where applicable, at the rates set out in Schedule 1.

Article 10 provides that Special Issue Payments are to be paid at all F2 and F3 hearings and on all hearing units.

Article 13 provides for new increased rates for financial dispute resolution hearing payments.

Article 14 provides for new increased rates for care proceedings payments.

Article 15 inserts a new payment for enforcement procedures and contested injunction hearings.

Article 16 clarifies that where an early settlement supplement is payable it is calculated on the single base fee or hearing unit fee, whether or not multiple fees have been claimed in respect of a single set of proceedings.

Article 17 reduces the time limit for a claim for payment to be submitted to two months following the conclusion of the main hearing for the purposes of function F5, and for all other functions to two months following the discharge or revocation of a certificate.

Articles 18 substitutes a new Schedule 1 to provide for amendment to the Special Issue Payments rates, for the addition of the new Special Issue Payments to the relevant categories of proceedings and for new fees payable in respect of functions F1 to F5.

Notes:

 [1] 1999 c.22.back

[2] The functions of the Lord Chancellor under section 6(4) were transferred to the Secretary of State by the Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), article 4 and Schedule 1.back

[3] S.I. 2001/1077; amended by S.I. 2003/2590.back

[4] 1989 c.41; amended by Adoption and Children Act 2002 (c.38), section 120.back

[5] 1983 c.20.back

[6] S.I. 1991/2038.back


ISBN 0 11 051965 5


  © Crown copyright 2005

Prepared 7 February 2005

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URL: http://www.bailii.org/uk/legis/num_reg/2005/20050184.html