The Legal Aid in Family Proceedings (Remuneration) (Amendment) Regulations 2001

• Citation: S.I. 2001/830
• Sections: 7

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Legal Aid in Family Proceedings (Remuneration) (Amendment) Regulations 2001 and shall come into force on 2nd April 2001.

(2) In these Regulations, any reference to a regulation or Schedule by number alone is a reference to the regulation or Schedule so numbered in the Legal Aid in Family Proceedings (Remuneration) Regulations 1991 .

Section 2 Transitional provision

These Regulations shall apply to work carried out on or after 2nd April 2001 and in relation to work carried out before that date the Legal Aid in Family Proceedings (Remuneration) Regulations 1991 shall have effect as if these Regulations had not been made.

Section 3 Amendments to the Legal Aid in Family Proceedings (Remuneration) Regulations 1991

(1) In regulation 2(1), in the definition of “the relevant authority”, for “taxing officer” there shall be substituted “costs officer” and for “taxation” (in both places where it occurs) there shall be substituted “detailed assessment”.

(2) In regulation 2(2), the word “and” at the end of sub-paragraph (a) shall be deleted and after that sub-paragraph there shall be inserted—

(aa) the expressions “detailed assessment”, “costs judge” and “costs officer” shall have the meanings given to them in Part 43 of the Civil Procedure Rules 1998 ; and

Section 4 Amendments to the Legal Aid in Family Proceedings (Remuneration) Regulations 1991

(1) In regulation 3(4)(bb)—

(a) after “Schedule 2, shall” there shall be inserted “, subject to paragraph (4A),”;

(b) “for franchisees” shall be deleted;

(c) for the words from “(other than the Board)” to “Legal Aid Act 1988” there shall be substituted “who is authorised to carry out work in family proceedings by a contract with the Legal Services Commission”; and

(d) for “work done by franchisees” there shall be substituted “such work”.

(2) In regulation 3(4)(c)(iii), the words after “circumstances of the case” shall be deleted.

(3) After regulation 3(4) there shall be inserted—

(4A) Except in relation to prescribed family proceedings in a magistrates' court, where paragraph (4)(bb) applies and the relevant work is done by a member of a relevant panel the relevant authority shall, subject to paragraph (4B), allow whichever is the higher of—

(a) an amount 15% higher than the amount in Schedule 1A or (as the case may be) 2A(a) which he would have allowed but for this paragraph and paragraph (4)(c); and

(b) if he decides to award such an amount, a larger amount than that specified in column 2 or column 3, as the case may be, of Parts I, II , III and V of Schedule 1A or (as the case may be) 2A(a), awarded in accordance with paragraph (4)(c).

(4B) Paragraph (4A) shall not apply in relation to any item if, but for that paragraph, the relevant authority would, in accordance with regulation 3(4)(c), have allowed a lower amount for that item than the one in Part I, II, III or V of Schedule 1A or 2A(a).

(4) In regulation 3(8) for “R.S.C., Order 62” there shall be substituted “Parts 43 to 48 of the Civil Procedure Rules 1998”.

(5) After regulation 3(8) there shall be inserted—

(9) In this regulation—

(a) “relevant panel” means—

(i) the Solicitors' Family Law Association Accredited Specialist Panel; or

(ii) in relation to work done under a certificate which includes proceedings relating to children, the Law Society’s Children Act Panel; and

(b) “proceedings relating to children” means proceedings in which the welfare of children is determined, including, without limitation, proceedings under the Children Act 1989 or under the inherent jurisdiction of the High Court in relation to children.

Section 5 Amendments to the Legal Aid in Family Proceedings (Remuneration) Regulations 1991

In Part V of Schedules 1 and 2—

(a) for the heading “TAXATION AND REVIEW OF TAXATION” there shall be substituted “DETAILED ASSESSMENT AND APPEAL IN RELATION TO DETAILED ASSESSMENT”;

(b) for “taxation”, wherever it occurs, there shall be substituted “detailed assessment”; and

(c) in item 19 of Schedule 1 and item 20 of Schedule 2, for “Review by district judge or judge” there shall be substituted “Appeal to costs judge, district judge or judge”.

Section 6 Amendments to the Legal Aid in Family Proceedings (Remuneration) Regulations 1991

(1) For Parts I to III of Schedule 1A there shall be substituted—

CARE PROCEEDINGS

PREPARATION

£73.15 per hour

(£77.85 per hour for a fee-earner whose office is situated in the Legal Services Commission’s London Region)

£64.90 per hour

(£68.20 per hour for a fee-earner whose office is situated in the Legal Services Commission’s London Region)

CONFERENCES WITH COUNSEL

ATTENDANCES

£73.15 per hour

(£77.85 per hour for a fee-earner whose office is situated in the Legal Services Commission’s London Region)

£64.90 per hour

(£68.20 per hour for a fee-earner whose office is situated in the Legal Services Commission’s London Region)

(2) For Part V of Schedule 1A there shall be substituted—

DETAILED ASSESSMENT AND APPEAL IN RELATION TO DETAILED ASSESSMENT(HIGH COURT AND COUNTY COURT ONLY)

Section 7 Amendments to the Legal Aid in Family Proceedings (Remuneration) Regulations 1991

(1) For Schedule 2A there shall be substituted—

PRESCRIBED FAMILY PROCEEDINGS

a High Court and county court proceedings

PREPARATION

Where proceedings were conducted in the divorce registry or in another court on the South Eastern Circuit at the time when the relevant work was done: £78.40 per hour

All other circuits: £73.05 per hour

Where proceedings were conducted in the divorce registry or in another court on the South Eastern Circuit at the time when the relevant work was done: £68.50 per hour

All other circuits: £64.80 per hour

CONFERENCES WITH COUNSEL

ATTENDANCES

Where proceedings were conducted in the divorce registry or in another court on the South Eastern Circuit at the time when the relevant work was done: £78.40 per hour

All other circuits: £73.05 per hour

Where proceedings were conducted in the divorce registry or in another court on the South Eastern Circuit at the time when the relevant work was done: £68.50 per hour

All other circuits: £68.80 per hour

DETAILED ASSESSMENT AND APPEAL IN RELATION TO DETAILED ASSESSMENT

b Magistrates' court proceedings