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The Legal Aid in Family Proceedings (Remuneration) (Amendment) Regulations 2001

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Explanatory Note

(This note is not part of the Regulations)

These Regulations, which amend the Legal Aid in Family Proceedings (Remuneration) Regulations 1991 (S.I. 1991/2038), introduce new rates of remuneration for representation in family proceedings which is still being provided by suppliers with a family contract with the Legal Services Commission, under Part IV of the Legal Aid Act 1988. Part IV of the 1988 Act was repealed by the Access to Justice Act 1999, but is saved in relation to transitional cases by the Access to Justice Act 1999 (Commencement No.3, Transitional Provisions and Savings) Order 2000 (S.I. 2000/774). The rates also apply, by virtue of the Community Legal Service (Funding) Order 2000 (S.I. 2000/627), to representation in family proceedings provided under contract as part of the Community Legal Service, under Part I of the Access to Justice Act 1999.

These Regulations also—

(a)introduce an uplift of 15% in cases where the supplier is a member of the Solicitors' Family Law Association Panel or, in relation to proceedings relating to children, the Law Society’s Children Act Panel; and

(b)make some amendments reflecting changes in terminology brought about by the Civil Procedure Rules 1998.

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