The Legal Aid in Civil Proceedings (Remuneration) (Amendment) Regulations 1996

Statutory Instruments

1996 No. 645

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Legal Aid in Civil Proceedings (Remuneration) (Amendment) Regulations 1996

Made

7th March 1996

Laid before Parliament

11th March 1996

Coming into force

1st April 1996

The Lord Chancellor, in exercise of the powers conferred on him by sections 31, 34 and 43 of the Legal Aid Act 1988(1), having had regard to the matters specified in section 34(9) and having consulted the General Council of the Bar and the Law Society, and with the consent of the Treasury, hereby makes the following Regulations:—

1.  These Regulations may be cited as the Legal Aid in Civil Proceedings (Remuneration) (Amendment) Regulations 1996 and shall come into force on 1st April 1996.

2.  The Legal Aid in Civil Proceedings (Remuneration) Regulations 1994(2) shall be amended, in respect of work done on or after 1st April 1996, by

(a) substituting, for regulation 4(1)(a), the following

“(a) in accordance with Schedule 1 to these Regulations or, where the work done was done by a person or body (other than the Board) acting under the terms of a franchising contract which was entered into by the Board pursuant to its powers under section 4 of the Legal Aid Act 1988, in accordance with Schedule 2;”

(b) substituting, for the word “Schedule” in regulations 2(1), 4(1)(c) and 4(2), the word“Schedules”, and

(c) substituting, for the Schedule to the Regulations, the following new Schedules.

SCHEDULE 1

Column 1	Column 2	Column 3
	High Court	County Court or Magistrates' Court
WORK
1.  Routine letters out.	£7.40 per item	£6.50 per item
2.  Routine telephone calls.	£4.10 per item	£3.60 per item
3.  All other preparation work including any work which was reasonably done arising out of or incidental to the proceedings, interviews with client, witnesses, and other parties; obtaining evidence; preparation and consideration of, and dealing with, documents, negotiations and notices; dealing with letters written and received and telephone calls which are not routine.	£74.00 per hour (£78.50 per hour where solicitor’s office situated within legal aid area 1)	£65.00 per hour (£69.00 per hour where solicitor’s office situated within legal aid area 1)
4.  Attending counsel in conference or at the trial or hearing of any summons or application at court, or other appointment.	£36.40 per hour	£32.00 per hour
5.  Attending without counsel at the trial or hearing of any cause or the hearing of any summons or other application at court, or other appointment.	£74.00 per hour	£65.00 per hour
6.  Travelling and waiting in connection with the above matters.	£32.70 per hour	£28.75 per hour

SCHEDULE 2

Column 1	Column 2	Column 3
	High Court	County Court or Magistrates' Court
WORK
1.  Routine letters out.	£7.50 per item	£6.60 per item
2.  Routine telephone calls.	£4.15 per item	£3.65 per item
3.  All other preparation work including any work which was reasonably done arising out of or incidental to the proceedings, interviews with client, witnesses, and other parties; obtaining evidence; preparation and consideration of, and dealing with, documents, negotiations and notices; dealing with letters written and received and telephone calls which are not routine.	£75.00 per hour (£79.50 per hour where solicitor’s office situated within legal aid area 1)	£66.00 per hour (£70.00 per hour where solicitor’s office situated within legal aid area 1)
4.  Attending counsel in conference or at the trial or hearing of any summons or application at court, or other appointment.	£37.00 per hour	£32.50 per hour
5.  Attending without counsel at the trial or hearing of any cause or the hearing of any summons or other application at court, or other appointment.	£75.00 per hour	£66.00 per hour
6.  Travelling and waiting in connection with the above matters.	£33.25 per hour	£29.20 per hour

Mackay of Clashfern, C.

Dated 5th March 1996

We consent,

Simon Burns

Derek Conway

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated

Explanatory Note

(This note is not part of the Regulations)

These Regulations increase the rates of remuneration for work done to which the Legal Aid in Civil Proceedings (Remuneration) Regulations 1994 apply and provide higher rates for franchisees.

(1)

1988 c. 34; sections 31, 34 and 43 were amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraphs 60, 62 and 63. Section 43 is an interpretation provision and is cited because of the meaning assigned to the word “regulations”.

(2)

S.I. 1994/228.