The Community Legal Service (Funding) (Amendment No.2) Order 2004

Explanatory Note

(This note is not part of the Order)

This Order amends the Community Legal Service (Funding) Order 2000 (S.I. 2000/627) (“the 2000 Order”), which relates to the remuneration of services provided by suppliers under the Community Legal Service.

The following amendments are made to article 5 of and the Schedule to the 2000 Order, which prescribe maximum rates of remuneration in contracts between the Legal Services Commission and suppliers–

(a) an exception from article 5 is made in relation to pilots which provide for standard fees to be paid;

(b) where a supplier’s fees under a contract are determined by reference to average fees for work previously carried out, the maximum rates which normally apply under the 2000 Order are disapplied, and instead the same maximum rates plus an uplift of 2.5% are applied to the rates used in calculating the figures on which the average is based;

(c) new enhanced maximum rates are prescribed for services provided in some housing cases.

In addition, article 7 of the 2000 Order is amended to enable the Commission to fund services provided in relation to the preparation of applications for legal aid for transmission to the authorities of another member state under the provisions of Council Directive 2002/8/EC of 27th January 2003.