The Civil Legal Aid (Remuneration) Regulations 2013

Interpretation

2.—(1) In these Regulations—

“the Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012;

“advocate” means a person who exercises a right of audience before a court, tribunal or other person and “advocacy” means the exercise of such a right;

“advocates’ meeting” means an advocates’ meeting directed by the court pursuant to the outline set out in the table following paragraph 10 of Practice Direction 12A (Public Law Proceedings Guide to Case Management: April 2010) to the Family Procedure Rules 2010(1);

“advocacy services” means work done—

(a)

by an advocate at a court hearing;

(b)

by an advocate, as such, in connection with an advocates’ meeting;

(c)

by counsel in connection with a conference; and

(d)

by counsel in connection with an opinion,

and fees and rates for advocacy services include, unless different provision is made in these Regulations, remuneration for preparatory work, attendances, travelling and waiting in relation to those services;

“Category Definition” means one of the Category Definitions that form part of the 2010 Standard Civil Contract or the 2013 Standard Civil Contract;

“Controlled Work” has the same meaning as in regulation 21(2) of the Civil Legal Aid (Procedure) Regulations 2012(2);

“counsel” means—

(a)

a barrister in independent practice; and

(b)

a solicitor or Fellow of the Institute of Legal Executives who does not work in a partnership and who is not a party to the relevant contract;

“family proceedings” means proceedings which arise out of family relationships, and includes proceedings in which the welfare of children is determined, and includes proceedings under the following—

(a)

the Matrimonial Causes Act 1973(3);

(b)

the Adoption Act 1976(4);

(c)

the Domestic Proceedings and Magistrates’ Courts Act 1978(5);

(d)

Part III (financial relief in England and Wales after overseas divorce etc) of the Matrimonial and Family Proceedings Act 1984(6);

(e)

Parts I to V (introductory, orders with respect to children in family proceedings, local authority support for children and families, care and supervision, protection of children) of the Children Act 1989(7);

(f)

Part IV (family homes and domestic violence) of the Family Law Act 1996(8);

(g)

the Adoption and Children Act 2002(9);

(h)

the Civil Partnership Act 2004(10); and

(i)

the inherent jurisdiction of the High Court in relation to children,

but does not include judicial review proceedings, proceedings under the Inheritance (Provision for Family and Dependants) Act 1975(11) or proceedings under the Trusts of Land and Appointment of Trustees Act 1996(12);

“legally aided person” means a person for whom civil legal services are made available under arrangements made for the purposes of Part 1 of the Act and “client” has the same meaning;

“provider” means a party, other than the Lord Chancellor, to the relevant contract;

“the relevant contract” means whichever of the 2010 Standard Civil Contract, the 2013 Standard Civil Contract or the 2013 Individual Case Contract (Civil) governs the provision of civil legal services for which remuneration is claimed; and

“the 2010 Standard Civil Contract”, “the 2013 Standard Civil Contract”, the “2013 Individual Case Contract (Civil)” and “the 2013 Individual Case Contract (High Cost Civil)” mean the contracts so named between the Lord Chancellor and a provider of civil legal services(13) under Part 1 of the Act (legal aid).

(2) A reference in these Regulations to the following forms of civil legal services—

(a) legal help;

(b) help at court;

(c) family help;

(d) family mediation;

(e) help with family mediation;

(f) legal representation; and

(g) other legal services,

is to the provision of those forms of service as defined in Part 2 of the Civil Legal Aid (Merits Criteria) Regulations 2013(14).

(1)

S.I. 2010/2955. Practice Direction 12A came into effect on 6th April 2010 and replaced the Practice Direction Guide to Case Management in Public Law Proceedings dated April 2008.

(2)

S.I. 2012/3098.

(3)

1973 c. 18.

(4)

1976 c. 36.

(5)

1978 c. 22.

(6)

1984 c. 42.

(7)

1989 c. 41.

(8)

1996 c. 27.

(9)

2002 c. 38.

(10)

2004 c. 33.

(11)

1975 c. 63.

(12)

1996 c. 47.

(13)

The contracts are available at www.justice.gov.uk/legal-aid. Copies can be inspected at the Legal Aid Agency (Head Office) at 102 Petty France, London SW1H 9AJ.

(14)

S.I. 2013/104.