The Civil Legal Aid (Remuneration) (Amendment) (No. 4) Regulations 2014

• Citation: S.I. 2014/1389
• Sections: 3

Section 1 Citation and commencement

These Regulations may be cited as the Civil Legal Aid (Remuneration) (Amendment) (No. 4) Regulations 2014 and come into force on 31st July 2014.

Section 2 Amendments to the Civil Legal Aid (Remuneration) Regulations 2013

(1) The Civil Legal Aid (Remuneration) Regulations 2013 are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “advocates’ meeting”, for “paragraph 10 of Practice Direction 12A (Public Law Proceedings Guide to Case Management: April 2010) to the Family Procedure Rules 2010” substitute “paragraph 1.3 of Practice Direction 12A (Care, Supervision and other Part 4 Proceedings: Guide to Case Management) to the Family Procedure Rules 2010 ”.

(3) In regulation 8(2)(b) (remuneration: advocacy services in family proceedings), for “fees and rates set out in” substitute “provisions of”.

(4) In Schedule 3 (Family Advocacy Scheme: Fees and Rates)—

(a) after paragraph 1 (interpretation), insert—

Bolt on fees - advocate’s bundle

(2)

(1) The Lord Chancellor must pay a bolt-on fee at the rates set out in tables 1(d) (Public Law – bolt-on fee – advocate’s bundle payments) or 2(e) (Private Law Children and finance – bolt-on fees – advocate’s bundle payment) as applicable to an advocate providing advocacy services in family proceedings where—

(a) the advocate’s bundle for a hearing exceeds 350 pages; and

(b) the advocate submits a claim on a form specified by the Lord Chancellor.

(2) An advocate must provide any additional information or documents requested by the Lord Chancellor as evidence that paragraph 2(1)(a) is satisfied.

(3) For the purposes of this paragraph the advocate’s bundle—

(a) may only include—

(i) those documents relevant to the case which have been served by the parties to the proceedings to which the hearing relates; and

(ii) notes of contact visits if included in the court bundle; and

(b) must include a paginated index agreed by the parties to those proceedings.

(4) In this paragraph, “court bundle” means the bundle prepared for the hearing to which the claim relates in accordance with Practice Direction 27A - Family Proceedings: Court Bundles (universal practice to be applied in the High Court and Family Court) to the Family Procedure Rules 2010 .

(b) in tables 1(d) and 2(e)—

(i) in the heading of each table, for “court” substitute “advocate’s”;

(ii) for “CB1”, substitute “ABP1”;

(iii) for “CB2”, substitute “ABP2”; and

(iv) for “CB3”, substitute “ABP3”.

Section 3 Transitional provision

The amendments made by regulation 2(3) and (4) do not apply to the determination of a claim for a bolt-on fee where that claim relates to a hearing which takes place before 31st July 2014.