2009 No. 1854
The Community Legal Service (Funding) (Counsel in Family Proceedings) (Amendment) Order 2009
Made
Laid before Parliament
Coming into force
The Lord Chancellor makes this Order in exercise of the powers conferred by section 6(4) of the Access to Justice Act 19991. He has consulted the General Council of the Bar and the Law Society in accordance with section 25(2) of that Act and has had regard to the matters specified in section 25(3) of that Act.
Citation, commencement, interpretation and transitional provisions1
1
This Order may be cited as the Community Legal Service (Funding) (Counsel in Family Proceedings) (Amendment) Order 2009 and comes into force on 4th August 2009.
2
In this Order—
“the 2001 Order” means the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 20012;
“certificate” means a certificate to fund services issued under the funding code approved under section 9 of the Access to Justice Act 1999 and includes amendments made to an existing certificate to add new proceedings.
3
This Order applies in respect of work carried out by counsel under instructions received on or after 4th August 2009, where the certificate was granted on or after 28th February 2005.
4
In respect of work carried out by counsel which does not fall within paragraph (3), the 2001 Order continues to apply as if this Order had not been made.
Amendments to the 2001 Order
2
The 2001 Order is amended as follows.
3
In article 2(1) (interpretation) omit the definition of “business accounts”.
4
In article 9(1) (special issue payments)—
a
omit sub-paragraph (c);
b
omit sub-paragraph (cc);
c
omit sub-paragraph (cd);
d
after sub-paragraph (e) insert “or”;
e
omit sub-paragraph (f);
f
for sub-paragraph (g) substitute—
g
a party who has or may have been involved in conduct by virtue of which a child who is the subject of the proceedings has or may have suffered, or might suffer, very significant harm.
5
After article 16(5) (special preparation fee) insert—
6
Counsel who makes an application under paragraph (5) in proceedings referred to in paragraph (2)(a) must supply the judge with written information about—
a
the complexity of the relevant issues of law and fact or as to why the case was otherwise an exceptional one of its nature, as the case may be, and
b
the number of hours of additional preparation.
6
In paragraph 1 of Schedule 1 (Table of Fees), for each of the tables relating to special issue payments for Queen’s Counsel and for counsel other than Queen’s Counsel substitute—
Special issue payments
Category
%
Litigant in person
10
More than one expert
10
7
In paragraph 2 of Schedule 1—
a
in the table relating to the graduated fee for Queen’s Counsel—
i
in the column “Base fee £”, for “200.00” and “175.00” substitute “234.00” and “205.00” respectively;
ii
in the column “Hearing unit fee £”, for “212.50”, “325.00”, “1075.00” and “575.00” substitute “249.00”, “380.50”, “1,258.50” and “673.00” respectively;
b
in the table relating to the graduated fee for counsel other than Queen’s Counsel—
i
in the column “Base fee £”, for “80.00” and “70.00” substitute “93.50” and “82.00” respectively;
ii
in the column “Hearing unit fee £”, for “85.00”, “130.00”, “430.00” and “230.00” substitute “99.50”, “152.00”, “503.50” and “269.50” respectively;
c
for each of the tables relating to special issue payments for Queen’s Counsel and for counsel other than Queen’s Counsel substitute—
Special issue payments
Category
%
Difficulty in giving instructions/understanding advice
25
Parents/allegations against others
25
More than one expert
15
Foreign
25
Conduct
20
8
In paragraph 3 of Schedule 1, for each of the tables relating to special issue payments for Queen’s Counsel and for counsel other than Queen’s Counsel substitute—
Special issue payments
Category
%
Litigant in person
30
More than two parties
30
Difficulty giving instructions/understanding advice
25
More than one expert
20
Foreign
30
Conduct
30
9
In paragraph 4 of Schedule 1, for each of the tables relating to special issue payments for Queen’s Counsel and for counsel other than Queen’s Counsel substitute—
Special issue payments
Category
%
Litigant in person
20
More than two parties
10
Foreign
20
Signed by authority of the Lord Chancellor
(This note is not part of the Order)