The Legal Aid in Family Proceedings (Remuneration) (Amendment) Regulations 1996

Section 1

These Regulations may be cited as the Legal Aid in Family Proceedings (Remuneration) (Amendment) Regulations 1996 and shall come into force on 1st April 1996.

Section 2

The Legal Aid in Family Proceedings (Remuneration) Regulations 1991 shall be amended, in respect of work done on or after 1st April 1996, by
(a) inserting at the end of the definition of “care proceedings” in regulation 2(1) the words “and includes proceedings under section 25 of that Act (secure accommodation orders)”;
(b) inserting after regulation 3(4)(b) the following
(bb) in allowing costs under Parts I to III and V of Schedule 1 and Part I to III and V of Schedule 2, shall allow the rates specified for franchisees in Schedules 1A and 2A where the work done was done by a person or body (other than the Board) acting under the terms of a franchising contract which was entered into by the Board pursuant to its powers under section 4 of the Legal Aid Act 1988 and references in these Regulations to Schedule 1 or 2 shall, in relation to work done by franchisees, be construed as references to Schedule 1A or, as the case may be, 2A;
(c) substituting, for Schedules 1 and 2, the following new Schedules.

Section 1

Writing routine letters.

Section 2

Receiving routine letters.

Section 3

Routine telephone calls.

Section 4

All other preparation work including any work which was reasonably done arising out of or incidental to the proceedings, interviews with client, witnesses, and other parties; obtaining evidence; preparation and consideration of, and dealing with, documents, negotiations and notices; dealing with letters written and received and telephone calls which are not routine.

Section 5

Travelling and waiting time in connection with the above matters.

Section 6

Attending counsel in conference.

Section 7

Travelling and waiting.

Section 8

Attending with counsel at the trial or hearing of any cause or the hearing of any summons or other application at court, or other appointment.

Section 9

Attending without counsel at the trial or hearing of any cause or the hearing of any summons or other application at court, or other appointment.

Section 10

Travelling and waiting.

Section 11

With a brief on an unopposed application for an injunction, or procedural issue.

Section 12

With a brief on the trial of a cause or matter or on the hearing of an application where the hearing lasts for

(a) one hour

Section 13

For each day or part of a day on which the trial of a cause or matter, or the hearing of an ancillary application, or a children appointment, is continued after the first day.

Section 14

Conference (including time reasonably spent in preparation and conference, but not otherwise remunerated).

Section 15

(a) Complex items of written work (such as advices on evidence, opinions and affidavits of a substantial nature, requests for particulars or answers).

Section 16

Except where the court is within 40 kilometres of Charing Cross or where there is no local Bar in the court town, or within 40 kilometres thereof, for travelling time.

Section 17

Preparing the bill (where allowable) and completing the taxation (excluding preparing for and attending the taxation)

Section 18

Preparing for and attending the taxation (including travelling and waiting).

Section 19

Review by district judge or judge (including preparation).

Section 1

Writing routine letters.

Section 2

Receiving routine letters.

Section 3

Routine telephone calls.

Section 4

All other preparation work including any work which was reasonably done arising out of or incidental to the proceedings, interviews with client, witnesses, and other parties; obtaining evidence; preparation and consideration of, and dealing with, documents, negotiations and notices; dealing with letters written and received and telephone calls which are not routine.

Section 5

Travelling and waiting time in connection with the above matters.

Section 6

Attending counsel in conference.

Section 7

Travelling and waiting.

Section 8

Attending with counsel at the trial or hearing of any cause or the hearing of any summons or other application at court, or other appointment.

Section 9

Attending without counsel at the trial or hearing of any cause or the hearing of any summons or other application at court, or other appointment.

Section 10

Travelling and waiting.

Section 17

Preparing the bill (where allowable) and completing the taxation (excluding preparing for and attending the taxation).

Section 18

Preparing for and attending the taxation (including travelling and waiting).

Section 19

Review by district judge or judge (including preparation).

Section 1

Writing routine letters.

Section 2

Receiving routine letter.

Section 3

Routine telephone calls.

Section 4

All other preparation work including any work which was reasonably done arising out of or incidental to the proceedings, interviews with client, witnesses, and other parties; obtaining evidence; preparation and consideration of, and dealing with, documents, negotiations and notices; dealing with letters written and received and telephone calls which are not routine.

Section 5

In addition to items 1-4 above, to cover the general care and conduct of the proceedings.

Section 6

Travelling and waiting time in connection with the above matters.

Section 7

Attending counsel in conference.

Section 8

Travelling and waiting.

Section 9

Attending with counsel at the trial or hearing of any cause or the hearing of any summons or other application at court, or other appointment.

Section 10

Attending without counsel at the trial or hearing of any cause or the hearing of any summons or other application at court, or other appointment.

Section 11

Travelling and waiting.

Section 12

With a brief on an unopposed application for an injunction, or procedural issue.

Section 13

With a brief on the trial of a cause or matter or on the hearing of an ancillary application or on a children appointment where the hearing lasts for

(a) one hour

Section 14

For each day or part of a day on which the trial of a cause or matter, or the hearing of an ancillary application, or a children appointment, is continued after the first day.

Section 15

Conference (including time reasonably spent in preparation and conference, but not otherwise remunerated).

Section 16

(a) Complex items of written work (such as advices on evidence, opinions and affidavits of a substantial nature, requests for particulars or answers).

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