The Community Legal Service (Funding) (Amendment No.2) Order 2011

Contents

Article 1Citation, commencement and interpretation#

This Order may be cited as the Community Legal Service (Funding) (Amendment No.2) Order 2011.

Article 2Citation, commencement and interpretation#

This Order comes into force—

(a)in relation to this article, articles 1, 3, 4, 5, 6(c), 7, 8, 11, 12, 13, 14 and article 9 in so far as it relates to Parts 4 and 5 of Schedule 1 to the 2007 Order, on 3rd October 2011;

(b)in relation to article 6(a) and (b) and article 9 in so far as it relates to Parts 1, 2 and 3 of Schedule 1 to the 2007 Order—

(i)where funded services are provided under the 2010 Standard Civil Contract on 3rd October 2011;

(ii)where funded services are provided under the Unified Contract on 1st February 2012;

(c)in relation to article 9, in so far as it relates to Schedule 2 to the 2007 Order, and article 10 on 1st February 2012.

Article 3Citation, commencement and interpretation#

In this Order, “the 2007 Order” means the Community Legal Service (Funding) Order 2007 and words and phrases used in this Order have the same meaning as in the 2007 Order.

Article 4Amendments to the 2007 Order#

The 2007 Order is amended as follows.

Article 5Amendments to the 2007 Order#

In article 3(1), in the definition of “family proceedings”, after paragraph (i) insert—“• but excludes proceedings under the Inheritance (Provision for Family and Dependants) Act 1975 and the Trusts of Land and Appointment of Trustees Act 1996;”

Article 6Amendments to the 2007 Order#

In article 5(2)—

(a)in sub-paragraph (b)(i) for “200% for non family proceedings” substitute “100% for proceedings”;

(b)in sub-paragraph (b)(ii) for “100%” substitute “50%”; and

(c)after sub-paragraph (d) insert—“e must—i provide for payment of expert services of a type listed in Section 1 of Schedule 6 at the fixed fees or at rates not exceeding the rates set out in that section;ii provide that the Commission may increase the fixed fees or rates set out in Section 1 of Schedule 6 if it considers it reasonable to do so due to exceptional circumstances as defined in Section 2 of Schedule 6; andiii include provisions relating to the payment of expert services that accord with those set out in paragraphs 1 and 3 to 5 of Section 2 of Schedule 6.”

Article 7Amendments to the 2007 Order#

In article 5A(3), omit sub-paragraphs (b) and (c).

Article 8Amendments to the 2007 Order#

After article 5B insert—“5C 1 This article applies where—a funded services are provided by a barrister in independent practice under a certificate; andb the funded services are not advocacy services in family proceedings to which article 5A applies.2 Subject to paragraph (3), the Commission must fund payments to a barrister in independent practice at the hourly rates set out in Schedule 7.3 The Commission may increase the hourly rate for junior counsel in the county court if it considers it reasonable to do so.4 For the purposes of this article and Schedule 7—a “junior counsel” means a barrister in independent practice of less than 10 years call; andb “senior counsel” means a barrister in independent practice of 10 years call or more.”

Article 9Amendments to the 2007 Order#

For Schedules 1 and 2 to the 2007 Order substitute Schedules 1 and 2 set out in Schedule 1 to this Order.

Article 10Amendments to the 2007 Order#

For paragraph 77 of Schedule 4 to the 2007 Order substitute—“77 1 This paragraph applies where advocacy services within article 5A(3) are provided by counsel.2 There shall be determined on cost assessment, a figure having regard to—i the work reasonably done by counsel;ii the remuneration that would have been payable had the services been remunerated in accordance with paragraph 76 as it applied before 1^st February 2012; andiii 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 2001.4 The remuneration payable to counsel is the figure determined on cost assessment in accordance with paragraph (2) reduced by ten percent.”

Article 11Amendments to the 2007 Order#

In Schedule 5 to the 2007 Order, omit paragraphs 4 to 6.

Article 12Amendments to the 2007 Order#

After Schedule 5 to the 2007 Order, insert Schedules 6 and 7 set out in Schedule 2 to this Order.

Article 13Transitional Provisions#

(1)Where funded services are provided under a certificate and—

(a)the application for the certificate is signed before the date this Order comes into force in relation to those funded services, regardless of whether the scope of the certificate is extended on or after that date; and

(b)the application is received by the Commission before the expiry of 7 days after the date this Order comes into force in relation to those funded services,

the 2007 Order continues to have effect as if this Order had not been made.

Article 14Transitional Provisions#

Where funded services are provided otherwise than under a certificate and—

(a)an application for funded services is made before the date this Order comes into force in relation to those services; or

(b)a client was in receipt of Legal Help before the date this Order comes into force in relation to that Legal Help and the funded services are extended on or after that date to include Help at Court or Legal Representation,

the 2007 Order continues to have effect as if this Order had not been made.

Schedule 1

Schedule 2

Contains public sector information licensed under the Open Government Licence v3.0.