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The Civil Legal Aid (Remuneration) Regulations 2013
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- UK Statutory Instruments
- 2013 No. 422
- Regulation 11
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The Civil Legal Aid (Remuneration) Regulations 2013, Section 11 is up to date with all changes known to be in force on or before 27 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 5A(3)(a) omitted by S.I. 2015/1369 reg. 5(3)(a) (This amendment not applied to legislation.gov.uk. Reg. 5 revoked (31.3.2016) before coming into force by S.I. 2016/313, regs. 1(1), 2(a)(ii), 3)
- reg. 5A(3)(j) substituted by S.I. 2015/1369 reg. 5(3)(b) (This amendment not applied to legislation.gov.uk. Reg. 5 revoked (31.3.2016) before coming into force by S.I. 2016/313, regs. 1(1), 2(a)(ii), 3)
- reg. 7(4B) inserted by S.I. 2023/1177 reg. 3(2)(b)
Payments on account by the Lord Chancellor direct to barristers in independent practiceE+W
This section has no associated Explanatory Memorandum
11.—(1) Subject to paragraphs [F1(6) and (7)], where a provider has instructed a barrister in independent practice to carry out work that is not Controlled Work, the barrister may apply [F2from time to time] to the Lord Chancellor on a form approved by the Lord Chancellor for payment on account of remuneration for the civil legal services provided by the barrister F3....
F4(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) An application under paragraph (1) may not be made in respect of advocacy services in family proceedings.
[F5(7) In addition, an application under paragraph (1) may not be made—
(a)before the end of the period of three months beginning with the date on which the Director determined under section 9 of the Act that the legally aided person qualified for civil legal services;
(b)if it is the second or subsequent application under that paragraph in connection with services provided to the person mentioned in sub-paragraph (a), less than three months after the date on which the previous application was made.
(8) For the purposes of paragraph (7)—
(a)it does not matter whether the Director makes the determination under section 9 of the Act before, on or after 7th October 2020;
(b)where the barrister has made one or more applications under paragraph (1) before 7th October 2020 in connection with services provided to a particular legally aided person, that application or, as the case may be, the last of those applications is to be treated as the first application for the purposes of determining when the barrister may make a further application under paragraph (1).]
Textual Amendments
F1Words in reg. 11(1) substituted (7.10.2020) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) (Coronavirus) Regulations 2020 (S.I. 2020/1001), regs. 1(2), 2(3)(a)(i)
F2Words in reg. 11(1) inserted (7.10.2020) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) (Coronavirus) Regulations 2020 (S.I. 2020/1001), regs. 1(2), 2(3)(a)(ii)
F3Words in reg. 11(1) omitted (7.10.2020) by virtue of The Civil Legal Aid (Remuneration) (Amendment) (No. 2) (Coronavirus) Regulations 2020 (S.I. 2020/1001), regs. 1(2), 2(3)(a)(iii)
F4Reg. 11(2)-(5) omitted (7.10.2020) by virtue of The Civil Legal Aid (Remuneration) (Amendment) (No. 2) (Coronavirus) Regulations 2020 (S.I. 2020/1001), regs. 1(2), 2(3)(b)
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