The Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) Regulations 1995

• Citation: S.I. 1995/952
• Sections: 9

Section 1 Citation and commencement

These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) Regulations 1995 and shall come into force on 24th April 1995.

Section 2 Interpretation

In these Regulations a reference to any regulation or Schedule by number alone means the regulation or Schedule so numbered in the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989 .

Section 3 Transitional provisions

Regulations 5 to 9 of these Regulations shall apply for the purposes of work done on or after 24th April 1995 to which the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989 apply.

Section 4 Amendments to the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989

In regulations 6(3) and 9(5)(a) for the date “30th June 1995” there shall be substituted “30th June 1996”.

Section 5 Amendments to the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989

The following paragraphs shall be substituted for Schedule 1 Part I paragraph 1:—

(1)

(1) Subject to paragraphs 1A, 2 and 3, the appropriate authority shall allow fees for work allowed by it under regulation 6 at the following prescribed rates:

Magistrates' court proceedings

Crown Court and Court of Appeal proceedings

Senior solicitor

Solicitor, legal executive or fee-earner of equivalent experience

Articled clerk or fee-earner of equivalent experience

£41.75 per hour

£33.50 per hour

£20.25 per hour

Senior solicitor

Solicitor, legal executive or fee-earner of equivalent experience

Articled clerk or fee-earner of equivalent experience

£24.50 per hour

£24.50 per hour

£12.25 per hour

(2) In paragraphs 1(1) and 1A, “legal aid area” means an area specified by the Board under regulation 4(1) of the Civil Legal Aid (General) Regulations 1989 , and legal aid area 1 means the area so numbered by the Board.

(1A) Subject to paragraphs 2 and 3, the following prescribed rates shall apply to work done by a franchisee instead of the corresponding rates in paragraph 1(1)(a):

Section 6 Amendments to the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989

In Schedule 1 Part I paragraphs 2 and 3(1), after “paragraph 1” there shall be inserted “or 1A”.

Section 7 Amendments to the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989

Part II of Schedule 1 shall be amended as follows:—

(a) the following shall be substituted for the Table following paragraph 4(3):

PREPARATION

London rate

£127.50

£137.00

£176

£183

£245.75

£257.75

£307

£321

London rate

£80.25

£86.25

£108

£112

£172.50

£182.75

£222

£231

London rate

£50.25

£53.75

£67

£69

£150.75

£156.75

£229

£240

London rate

£35.75

£38.75

£51

£53

£91.75

£96.50

£129

£133

London rate

£41.75

£44.25

£50

£52

£96.25

£101.50

£139

£143

London rate

£25.75

£28.25

(b) in paragraph 4(10), for “£29.00” there shall be substituted “£29.50” and for “£31.00” there shall be substituted “£31.50”;

(c) in paragraph 4(11), for “£10.45” there shall be substituted “£10.75”.

Section 8 Amendments to the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989

Part III of Schedule 1 shall be amended as follows:—

(a) in the definitions of “lower limit” and “higher limit” and of “relevant standard fee” in paragraph 1, for “paragraph 8” there shall be substituted “paragraph 8(1) (or paragraph 8(1A) in the case of a franchisee)”;

(b) in paragraphs 6(a) and 7(3), after “paragraph 1(1)(a)” there shall be inserted “(or paragraph 1A in the case of a franchisee)”;

(c) the following shall be substituted for paragraph 8(1):—

(8)

(1) Subject to sub-paragraph (1A), standard fees are payable in accordance with the Table below:—

London rate

£142.00

£182.75

£264

£339

£341.00

£433.50

£457

£573

London rate

£250.75

£321.75

£453

£575

£574.50

£721.75

£756

£921

London rate

£226.25

£286.25

£400

£486

£512.50

£602.00

£699

£744

(1A) Where the work was done by a franchisee, standard fees are payable in accordance with the Table below:—

London rate

£144.00

£185.80

£268

£344

£346.00

£440.00

£464

£581

London rate

£254.50

£326.50

£460

£584

£583.00

£732.50

£767

£935

London rate

£229.50

£290.50

£406

£492

£520.00

£611.00

£709

£755

(d) in paragraph 8(2), for “the Table” there shall be substituted “the appropriate Table”.

Section 9 Amendments to the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989

Part I of Schedule 2 shall be amended as follows:—

(a) in paragraph 9, for “£18.50” there shall be substituted “£19.00”;

(b) in paragraph 10, for “£10.45” there shall be substituted “£10.75”;

(c) The following shall be substituted for the Table following paragraph 11:

(1) Half day

(2) Full day

(1) More than a full day