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This Order amends the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001 (S.I. 2001/1077), which sets out the system for the payment of graduated fees for counsel for work in family proceedings. The Order make consequential changes to the 2001 Order following the introduction of the Public Law Outline, a new case management system for certain public law cases involving children, which had been the subject of a pilot scheme.
Articles 3, 5, 7 and 8 introduce references to the Public Law Outline. Articles 4 and 6 provide for fees for Advocates’ Meetings held other than in care proceedings. Articles 5 and 8 also clarify what fee is payable where there is more than one Issues Resolution Hearing under the Public Law Outline. Article 7 also amends article 8 of the 2001 Order to correct an error in the drafting of article 6 of the Community Legal Service (Funding) (Counsel in Family Proceedings) (Amendment No. 2) Order 2007 (S.I. 2007/3169). Article 9 clarifies the procedure for obtaining a special issues payment in respect of work done in connection with an Advocates’ Meeting.
A regulatory impact assessment has been prepared entitled ‘Final Regulatory Impact Assessment: The Review of the Child Care Proceedings System in England and Wales’ and available from Civil Legal Aid Strategy Division, Ministry of Justice, 54 Victoria Street, London, SW1E.6QW or at http://www.dca.gov.uk/publications/reports_reviews/childcare_psria.pdf.
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