The Community Legal Service (Funding) (Counsel in Family Proceedings) (Amendment No.2) Order 2007

• Citation: S.I. 2007/3169
• Sections: 6

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Community Legal Service (Funding) (Counsel in Family Proceedings) (Amendment No. 2) Order 2007 and comes into force on 30th November 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 .

Section 2 Amendments to the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001

The Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001 is amended as follows.

Section 3 Amendments to the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001

In article 2—

(a) for the definition of “Advocates Meeting”, substitute —

“Advocates Meeting” means an Advocates Meeting held in accordance with paragraph 4.5 or 5.2 of the Children Act Protocol or stage 2 or 3 of the Draft Public Law Outline but does not include communication between the advocates under paragraph 5.2 or stage 2 or 3 other than such a meeting;

(b) in the definition of “Case Management Conference”, after “Protocol” insert—

or stage 2 of the Draft Public Law Outline;

(c) after the definition of “counsel”, insert—

“Draft Public Law Outline” means the protocol for the judicial case management of public law Children Act 1989 cases, issued for consultation on 21st June 2007 by the President of the Family Division;

(d) after the definition of “Independent Funding Adjudicator”, insert—

“Issues Resolution Hearing” means an Issues Resolution Hearing held in accordance with stage 3 of the Draft Public Law Outline;

Section 4 Amendments to the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001

In article 2C(1)(b), after “Conference” insert “, Issues Resolution Hearing”.

Section 5 Amendments to the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001

For article 2E(1)(b) substitute—

(b) in care proceedings, where the same counsel attends either—

(i) under the Children Act Protocol, both the Pre-Hearing Review and the main hearing on behalf of a client, the Pre-Hearing Review; or

(ii) under the Draft Public Law Outline, both the Issues Resolution Hearing and the main hearing on behalf of a client, the Issues Resolution Hearing.

Section 6 Amendments to the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001

In article 8—

(a) in paragraph (1)(aa), after “Protocol” insert “or stage 2 or 3 of the Draft Public Law Outline”;

(b) in paragraph (1)(b), omit from “and for the purposes” to “Review”;

(c) after paragraph (1)(b), insert—

(c) In this paragraph, ‘hearing’ shall, in care proceedings, include—

(i) a Case Management Conference;

(ii) a Pre-Hearing Review; or

(iii) an Issues Resolution Hearing.

(d) in paragraph (2A), in each place where it appears, after “Conference”, insert “, Issues Resolution Hearing”;

(e) for paragraph (3)(d) substitute—

(d) where, in care proceedings, the same counsel attends —

(i) under the Children Act Protocol, both the Pre-Hearing Review and the main hearing on behalf of a client; or

(ii) under the Draft Public Law Outline, both the Issues Resolution Hearing and the main hearing on behalf of a client,

a function F5 primary hearing fee must be paid in respect of either the Pre-Hearing Review or the Issues Resolution Hearing and the main hearing must be paid at the secondary hearing unit rate.