The Community Legal Service (Funding) (Counsel in Family Proceedings) (Amendment) Order 2014

• Citation: S.I. 2014/2864
• Sections: 3

Section 1 Citation and commencement

This Order may be cited as the Community Legal Service (Funding) (Counsel in Family Proceedings) (Amendment) Order 2014 and comes into force on 24th November 2014.

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

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

(2) In article 2(1)—

(a) for the definition of “Case Management Conference”, substitute—

“Case Management Hearing” means a Case Management Conference held in accordance with step 4 of the Children Act Protocol or a Case Management Conference or Case Management Hearing held in accordance with stage 2 of the applicable Public Law Outline;

(b) after the definition of “Issues Resolution Hearing”, insert—

“judge of High Court judge level” means—

a deputy judge of the High Court;

a puisne judge of the High Court;

a person who has been—

a judge of the Court of Appeal; or

a puisne judge of the High Court,

who may act as a judge of the family court by virtue of section 9 of the Senior Courts Act 1981 ;

the Senior President of Tribunals;

the Chancellor of the High Court;

an ordinary judge of the Court of Appeal (including the vice-president, if any, of either division of that court);

the President of the Queen’s Bench Division;

the President of the Family Division;

the Master of the Rolls; or

the Lord Chief Justice;

(c) in the definition of “Public Law Outline”, for the words from “table” to the end, substitute “Practice Direction applicable to the proceedings;”.

(3) In articles 2C, 8 and 9, for “Case Management Conference”, in each place those words appear, substitute “Case Management Hearing”.

(4) In article 4(2), for “High Court, county courts and magistrates’ courts”, substitute “High Court or family court ”.

(5) In article 5(2), for “in the High Court”, substitute “before a judge of High Court judge level”.

(6) In article 15(2), omit “from a District Judge to a Circuit Judge or a High Court Judge,”.

Section 3 Transitional provision

The amendment made by article 2(4) does not apply to a determination of a claim for payment where that claim relates to a hearing before 22nd April 2014.