The Community Legal Service (Funding) (Amendment No. 2) Order 2010

• Citation: S.I. 2010/1109
• Sections: 8

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Community Legal Service (Funding) (Amendment No. 2) Order 2010 and comes into force on 14th October 2010.

(2) In this Order “the 2007 Order ” means the Community Legal Service (Funding) Order 2007 and words and phrases used in this Order have the same meaning as in the 2007 Order.

Section 2 Amendments to the 2007 Order

The 2007 Order is amended as follows.

Section 3 Amendments to the 2007 Order

In article 3(1)—

(a) after the definition of “the 2007 Act” insert—

“2010 Standard Civil Contract” means the contract between the Commission and a provider for the provision of funded services, including the contract for signature, the standard terms, the schedules and the specifications ;

“advocates’ meeting” means an advocates’ meeting held under stage 2 or 3 of the Public Law Outline;

“advocacy services” means work done—

by an advocate at a court hearing;

by an advocate, as such, in connection with an advocates’ meeting;

by counsel in connection with a conference, and

by counsel in connection with an opinion;

and fees and rates for advocacy services include remuneration for preparatory work, travelling (except where an exceptional travel fee is payable under Schedule 2) and waiting in relation to those services;

“child abduction proceedings” means proceedings within section 11.13 of Part 1 of the Funding Code or a dispute about legal rights and duties which would fall within that section if the level of service provided were to be extended to Legal Representation;

(b) after the definition of “Commission” insert—

“counsel” means—

a barrister in independent practice; and

a solicitor or Fellow of the Institute of Legal Executives who does not work in a partnership and who does not hold a 2010 Standard Civil Contract;;

(c) after the definition of “Mental Health Proceedings” insert—

“Public Law Outline” means the outline set out in the table following paragraph 10 of the Practice Direction, Public Law Proceedings: Guide to Case Management, April 2010, given by the President of the Family Division;

(d) omit the definition of “Unified Contract”.

Section 4 Amendments to the 2007 Order

In article 3(2)—

(a) after ““Family Help (Lower)”” insert ““Family Help (Higher)”, “Investigative Help””;

(b) for ““and “Legal Representation”” substitute ““Legal Representation” and “Full Representation””.

Section 5 Amendments to the 2007 Order

(1) In article 5(2), in each place where it appears, for “the Schedule to this Order” substitute “Schedule 1”.

(2) For the Schedule to the 2007 Order substitute Schedule 1 as set out in Schedule 1 to this Order.

Section 6 Amendments to the 2007 Order

(1) After article 5 insert—

Family advocacy scheme

(5A)

(1) In proceedings to which this article applies, the Commission must fund advocacy services as part of the Community Legal Service in accordance with—

(a) the fees and rates set out in Schedule 2; and

(b) the provisions of the 2010 Standard Civil Contract.

(2) This article applies to advocacy services in family proceedings except for services provided—

(a) to any party in child abduction proceedings;

(b) in proceedings under the Inheritance (Provision for Family and Dependants) Act 1975 ;

(c) in proceedings under the Trusts of Land and Appointment of Trustees Act 1996 ;

(d) in proceedings under Part 4A of the Family Law Act 1996 ;

(e) in defended proceedings for divorce or judicial separation or for dissolution of a civil partnership or the legal separation of civil partners;

(f) in proceedings for nullity of marriage or annulment of a civil partnership;

(g) in applications for a parental order under the Human Fertilisation and Embryology Act 2008 ;

(h) in proceedings under the inherent jurisdiction of the High Court in relation to children;

(i) where the advocate separately represents a child in proceedings other than proceedings which are specified proceedings within the meaning of section 41(6) of the Children Act 1989 or are heard together with such specified proceedings;

(j) in proceedings in the Court of Appeal or the Supreme Court;

(k) in a final appeal (as defined in the 2010 Standard Civil Contract);

(l) by Queen’s Counsel acting as such under a prior authority given by the Commission;

(m) under an individual case contract for a high cost case issued under rule A3 of Part 2 of the Funding Code.

Disbursements

(5B) Nothing in this Order prevents the Commission from paying reasonable disbursements.

(2) Schedule 2, which contains the Schedule referred to in article 5A(1), inserted by paragraph (1), has effect.

Section 7 Amendments to the 2007 Order

Where—

(a) an application for funded services is made before 14th October 2010; or

(b) a client is in receipt of Investigative Help and Family Help (Higher) before 14th October 2010 and the funded services are extended on or after that date to include Full Representation; or

(c) a certificate issued under the Funding Code covers funded services which were applied for before 14th October 2010 (whether or not the scope of the certificate is extended on or after that date),

the 2007 Order continues to have effect as if this Order had not been made.

Section 8 Revocation of the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001

(1) Subject to paragraph (2), the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001 is revoked.

(2) That Order continues to have effect where—

(a) an application for funded services is made before 14th October 2010; or

(b) a client is in receipt of Investigative Help and Family Help (Higher) before 14th October 2010 and the funded services are extended on or after that date to include Full Representation; or

(c) a certificate issued under the funding code covers funded services which were applied for before 14th October 2010 (whether or not the scope of the certificate is extended on or after that date).