The Community Legal Service (Funding) Order 2000

Remuneration under contracts

5.—(1) Paragraph (2) applies to contracts which have not been awarded:

(a) after competitive tendering as to price has taken place; or

(b) in relation to a particular case (including group litigation or potential group litigation).

(2) Subject to paragraph (1), any contract for the provision of funded services under section 6(3)(a) of the Act which provides for the levels of service in this article shall provide for payment by the Commission to be at rates no higher than the rates in the following paragraphs.

(3) In relation to:

(a) Legal Help; and

(b) Help at Court

payment shall be at rates no higher than those provided in Schedule 6, paragraphs 1 and 2 of the Legal Advice and Assistance Regulations 1989(1).

(4) In relation to:

(a) Help with Mediation;

(b) Legal Representation before a Mental Health Review Tribunal; and

(c) Legal Representation before the Immigration Appeal Tribunal or an adjudicator

payment shall be at rates no higher than those provided in Schedule 6, paragraphs 3 and 4 of the Legal Advice and Assistance Regulations 1989.

(5) In relation to General Family Help, payment shall be at rates no higher than the relevant rates provided in the Legal Aid in Family Proceedings (Remuneration) Regulations 1991(2).

(6) In relation to Legal Representation (other than as provided for in paragraph (4)), payment shall be at rates no higher than whichever of those provided by the Legal Aid in Civil Proceedings (Remuneration) Regulations 1994(3) or the Legal Aid in Family Proceedings (Remuneration) Regulations 1991 would have been applicable if the representation had been provided under Part IV of the Legal Aid Act 1988(4).

(1)

S.I. 1989/340. These Regulations, S.I. 1991/2038 and S.I. 1994/228 are revoked by virtue of the repeal of enabling provisions in the Legal Aid Act 1988 (c. 34) by the Access to Justice Act 1999 (c. 22), subject to savings and transitional provisions contained in S.I. 2000/774 (C. 16).

(2)

S.I. 1991/2038.

(3)

S.I. 1994/228.

(4)

1988 c. 34. Part IV is repealed by the Access to Justice Act 1999 (c. 22), subject to savings in S.I. 2000/774 (C. 16).