Statutory Instruments
LEGAL SERVICES COMMISSION, ENGLAND AND WALES
Made
5th March 2003
Laid before Parliament
11th March 2003
Coming into force
1st April 2003
The Lord Chancellor, in exercise of the powers conferred upon him by section 6(4) of, and paragraph 1 of Schedule 14 to, the Access to Justice Act 1999(1), having had regard to the matters specified in section 25(3) and having consulted the General Council of the Bar and the Law Society, makes the following Order:
1. This Order may be cited as the Community Legal Service (Funding) (Amendment) Order 2003 and shall come into force on 1st April 2003.
2. In this Order a reference to an article by number alone means a article so numbered in the Community Legal Service (Funding) Order 2000(2).
3. After article 5(1)(d), insert—
“; or
as part of the family advice and information networks pilot”.
4. In article 5(6), for “paragraph (7)” substitute “paragraphs (7) or (7A)”.
5. After article 5(7), insert—
“(7A) In relation to Legal Representation for any proceedings under the Proceeds of Crime Act 2002(3) in the Crown Court or a magistrates' court, payment shall be at rates no higher than those set out for magistrates' court proceedings in Schedule 2A to the Legal Aid in Family Proceedings (Remuneration) Regulations 1991(4).”.
6. In article 6, omit “before 1st April 2003”.
Signed by authority of the Lord Chancellor
Scotland of Asthal, QC
Parliamentary Secretary
Lord Chancellor’s Department
5th March 2003
(This note is not part of the Order)
This Order amends the Community Legal Services (Funding) Order 2000 (S.I. 2000/627).
Article 3 disapplies the Legal Help remuneration rates for the family advice and information networks pilot.
Articles 4 and 5 set the remuneration rates payable in respect of Crown Court and magistrates' court cases under the Proceeds of Crime Act 2002 (c. 29).
Article 6 removes the date on which the obligation of the court to carry out an assessment of costs in legal aid cases comes to an end.