Citation, commencement and interpretation

1.—(1) This Order may be cited as the Community Legal Service (Funding) (Counsel in Family Proceedings) (Amendment) Order 2007 and comes into force on 1st October 2007.

(2) In this Order a reference to an article by number alone is a reference to the article so numbered in the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001(3).

Amendments to the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001

2.  In article 2—

(a) before “In this Order” insert “(1)”;

(b) in the definition of “Cost Appeals Committee”, for “Costs Committee” substitute “Independent Costs Assessor”;

(c) omit the definition of “Costs Committee”;

(d) for the definition of “Director” substitute—

““Director” means any Director appointed by the Commission in accordance with the Funding Code and any other person authorised to act on his behalf, except a supplier;”;

(e) after the definition of “harm” insert—

““Independent Costs Assessor” means an assessor appointed by the Commission for the purpose of considering appeals in relation to costs;”;

(f) after the definition of “the secondary hearing unit” insert—

“(2) References to the levels of service ‘Legal Help’ or ‘Family Help (Lower)’ shall be construed as references to the receipt or provision of those levels of service granted in accordance with the Funding Code.”.

3.  In article 4—

(i) in paragraph (2A), delete “in which case all costs and disbursements in respect of such work shall be assessed in accordance with the rates set out in the Legal Aid in Family Proceedings (Remuneration) Regulations 1991.”;

(ii) after paragraph (2A), insert—

“(2B) This Order does not apply where counsel is instructed under Legal Help or Family Help (Lower).”.

4.  In article 18—

(a) in each place where it appears, for “Costs Committee” substitute “Independent Costs Assessor”;

(b) in paragraph (3), for “that committee” substitute “the Independent Costs Assessor”.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001 (“the 2001 Order”).

The 2001 Order governs the systems for the payment of graduated fees for counsel for work in family proceedings. The 2001 Order also covers how and when claims for payment are to be made, and appeals and review of payments.

This Order changes the references to those within the Legal Services Commission who are responsible for considering certain claims, applications and appeals under the 2001 Order. The change is to reflect amendments to the Legal Services Commission Funding Code.

This Order exempts certain levels of service from the Family Graduated Fee regime.

An impact assessment has been prepared and was included in the full Impact Assessment which accompanied the document ‘Legal Aid Reform: Family and Family Mediation Fee Schemes for October 2007’. A copy is available from Civil Legal Aid Strategy Division, Ministry of Justice, 54 Victoria Street, London, SW1E.6QW.