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The Civil Legal Aid (Remuneration) Regulations 2013

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  • 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)

Citation and commencementE+W

1.  These Regulations may be cited as the Civil Legal Aid (Remuneration) Regulations 2013 and come into force on 1st April 2013.

InterpretationE+W

2.—(1) In these Regulations—

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

[F1“1981 Act” means the Senior Courts Act 1981;

“1984 Act” means the Matrimonial and Family Proceedings Act 1984;

“2003 Act” means the Courts Act 2003;]

“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 [F2paragraph 1.3 of Practice Direction 12A (Care, Supervision and other Part 4 Proceedings: Guide to Case Management) to the Family Procedure Rules 2010];

“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 [F3but does not include anything done that falls under the definition of “online procedure advocacy services”];

F4...

[F5“authorised” means authorised by the President of the Family Division, or nominated by or on behalf of the Lord Chief Justice to conduct particular business, under powers granted by rules made under section 31D of the 1984 Act;]

“Category Definition” means one of the Category Definitions that form part of the 2010 Standard Civil Contract [F6, the 2013 Standard Civil Contract [F7, the 2014 Standard Civil Contract [F8, the 2015 Standard Civil Contract or the 2018 Standard Civil Contract]]];

“Controlled Work” has the same meaning as in regulation 21(2) of the Civil Legal Aid (Procedure) Regulations 2012 M1;

[F9“costs judge” means—

(a)

the Chief Taxing Master;

(b)

a taxing master of the Senior Courts; or

(c)

a person appointed to act as deputy for the person holding office referred to in sub-paragraph (b) or to act as a temporary additional officer for any such office;]

“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 M2;

(b)

the Adoption Act 1976 M3;

(c)

the Domestic Proceedings and Magistrates' Courts Act 1978 M4;

(d)

Part III (financial relief in England and Wales after overseas divorce etc) of the Matrimonial and Family Proceedings Act 1984 M5;

(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 M6;

(ea)

[F10section 119 and section 124 of the Social Services and Well-being (Wales) Act 2014 (use of accommodation for restricting liberty);]

(f)

Part IV (family homes and domestic violence) of the Family Law Act 1996 M7;

(g)

the Adoption and Children Act 2002 M8;

(h)

the Civil Partnership Act 2004 M9; 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 M10 or proceedings under the Trusts of Land and Appointment of Trustees Act 1996 M11;

[F11“judge of circuit judge level” means—

(a)

a circuit judge who is authorised, where applicable;

(b)

a Recorder who is authorised, where applicable; or

(c)

any other judge of the family court authorised to sit as a judge of circuit judge level in the family court;

“judge of district judge level” means—

(a)

the Senior District Judge of the Family Division;

(b)

a district judge of the Principal Registry of the Family Division;

(c)

a person appointed to act as deputy for the person holding office referred to in sub-paragraph (b) or to act as a temporary additional officer for any such office;

(d)

a district judge who is authorised, where applicable;

(e)

a deputy district judge appointed under section 102 of the 1981 Act or section 8 of the County Courts Act 1984 who is authorised, where applicable;

(f)

an authorised District Judge (Magistrates’ Courts); or

(g)

any other judge of the family court authorised to sit as a judge of district judge level in the family court;

“judge of High Court judge level” means—

(a)

a deputy judge of the High Court;

(b)

a puisne judge of the High Court;

(c)

a person who has been a judge of the Court of Appeal or a puisne judge of the High Court who may act as a judge of the family court by virtue of section 9 of the 1981 Act;

(d)

the Senior President of Tribunals;

(e)

the Chancellor of the High Court;

(f)

an ordinary judge of the Court of Appeal (including the vice-president, if any, of either division of that court);

(g)

the President of the Queen’s Bench Division;

(h)

the President of the Family Division;

(i)

the Master of the Rolls; or

(j)

the Lord Chief Justice;

“judge of the family court” means a judge referred to in section 31C(1) of the 1984 Act;

[F12“justices’ legal adviser” means a person nominated by the Lord Chancellor who is authorised to exercise functions under section 28(1) of the Courts Act 2003;]

“lay justice” means an authorised justice of the peace who is not a District Judge (Magistrates’ Courts);]

“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;

[F13"online procedure advocacy services" means advocacy in relation to online procedure cases, and fees and rates for online procedure advocacy services include remuneration for travelling and waiting in relation to those services;]

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

“the relevant contract” means whichever of the 2010 Standard Civil Contract, [F14the 2010 Standard Crime Contract,] the 2013 Standard Civil Contract [F15, the 2013 Individual Case Contract (Civil) [F16, the 2014 Standard Civil Contract] [F17, the 2014 Standard Civil Contract (Welfare Benefits) [F18, the 2015 Standard Civil Contract [F19, the 2016 Standard Civil Contract (Welfare Benefits) or the 2018 Standard Civil Contract]]]] governs the provision of civil legal services for which remuneration is claimed; and

“the 2010 Standard Civil Contract”, [F20“the 2010 Standard Crime Contract”,] “the 2013 Standard Civil Contract”, the “2013 Individual Case Contract (Civil)” [F21, the 2013 Individual Case Contract (High Cost Civil)” [F22, the 2014 Standard Civil Contract] [F23, “the 2014 Standard Civil Contract (Welfare Benefits)” [F24, “the 2015 Standard Civil Contract” [F25, “the 2016 Standard Civil Contract (Welfare Benefits)” and “the 2018 Standard Civil Contract”]]]] mean the contracts so named between the Lord Chancellor and a provider of civil legal services M12 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 M13.

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

M12The 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.

Value Added TaxE+W

3.  All rates and fees set out in the Schedules are exclusive of value added tax.

DelegationE+W

4.  A function of the Lord Chancellor under these Regulations may be exercised by, or by an employee of, a person authorised for that purpose by the Lord Chancellor M14.

Marginal Citations

M14Section 6 (authorisations) of the Act makes provision for authorisations given for the purpose of section 5 (delegation) of the Act or regulations under that section.

Non application to civil legal services provided under certain contractsE+W

5.—(1) Regulations [F265A] to 11 are subject to this regulation.

(2) These Regulations do not apply to the payment of remuneration by the Lord Chancellor to persons who provide civil legal services where the provision of those services is governed by a contract between a person and the Lord Chancellor which has been awarded as part of any pilot which provides for remuneration by way of one or more standard fees.

(3) With the exception of regulations [F275A,] 7 and 10, these Regulations do not apply to the payment of remuneration by the Lord Chancellor to persons who provide civil legal services where the provision of those services is governed by a contract between a person and the Lord Chancellor which has been awarded after competitive tendering as to price has taken place.

(4) With the exception of [F28regulations 5A and 10,] these Regulations do not apply to the payment of remuneration by the Lord Chancellor to persons who provide civil legal services where the provision of those services is governed by the Individual Case Contract (High Cost Civil).

(5) Where paragraph (3) applies, the reference in regulation 10(a) to “the relevant contract” is to the contract between a person and the Lord Chancellor which has been awarded after competitive tendering as to price has taken place.

(6) Where paragraph (4) applies, the reference in regulation 10(a) to “the relevant contract” is to the Individual Case Contract (High Cost Civil).

Textual Amendments

[F29Remuneration for civil legal services: judicial reviewE+W

5A.—(1) Where an application for judicial review is issued, the Lord Chancellor must not pay remuneration for civil legal services consisting of making that application unless—

(a)the court gives permission to bring judicial review proceedings;

(b)the court neither refuses nor gives permission to bring judicial review proceedings and the Lord Chancellor considers that it is reasonable to pay remuneration in the circumstances of the case, taking into account, in particular—

(i)the reason why the provider did not obtain a costs order or costs agreement in favour of the legally aided person;

(ii)the extent to which, and the reason why, the legally aided person obtained the outcome sought in the proceedings, and

(iii)the strength of the application for permission at the time it was filed, based on the law and on the facts which the provider knew or ought to have known at that time;

(c)the defendant withdraws the decision to which the application for judicial review relates and the withdrawal results in the court—

(i)refusing permission to bring judicial review proceedings, or

(ii)neither refusing nor giving permission;

(d)the court orders an oral hearing to consider—

(i)whether to give permission to bring judicial review proceedings;

(ii)whether to give permission to bring a relevant appeal, or

(iii)a relevant appeal, or

(e)the court orders a rolled-up hearing.

(2) Nothing in this regulation affects any payment—

(a)by the Lord Chancellor of disbursements incurred by a provider in accordance with the relevant contract, or

(b)on account by the Lord Chancellor to a provider in accordance with the relevant contract.

(3) In this regulation—

(a)“2010 Standard Crime Contract” means the contract so named between the Lord Chancellor and a provider with whom the Lord Chancellor has made an arrangement under section 2(1) of the Act for the provision of advice, assistance and representation made available under sections 13, 15 or 16 of the Act;

(b)[F30“2013 CLA Contract and “2018 CLA Contract” mean the contracts] so named between the Lord Chancellor and a provider for the provision of civil legal services under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012;

(c)“application for judicial review” means an application for judicial review made or treated as made in accordance with—

(i)Part 54 of the Procedure Rules, or

(ii)Part 4 of the Tribunal Rules,

and includes bringing a relevant appeal and making an application for permission to bring a relevant appeal, but does not include a relevant application for interim relief;

(d)“costs agreement” and “costs order” mean, respectively, an agreement or an order that another party to the proceedings pay all, or part of, the costs of the legally aided person;

(e)“court” includes the Upper Tribunal established under section 3 of the Tribunals, Courts and Enforcement Act 2007;

(f)“issued” includes—

(i)the sending of the application by the Upper Tribunal under rule 28(8) of the Tribunal Rules, or

(ii)the provision of the application by the applicant under rule 28A(2)(a) of the Tribunal Rules,

to each person named in the application as a respondent or interested party;

(g)“Procedure Rules” means the Civil Procedure Rules 1998

(h)“relevant appeal” means an appeal against a decision to refuse permission to bring judicial review proceedings under—

(i)Part 52 of the Procedure Rules, or

(ii)Part 7 of the Tribunal Rules;

(i)“relevant application for interim relief” means application for an interim remedy under—

(i)Part 25 of the Procedure Rules, or

(ii)Part 4 of the Tribunal Rules;

(j)“relevant contract” means whichever of the 2010 Standard Civil Contract, the 2010 Standard Crime Contract, the 2013 Standard Civil Contract, the 2013 Individual Case Contract (Civil), the 2013 Individual Case Contract (High Cost Civil), the 2013 CLA Contract [F31, the 2014 Standard Civil Contract, the 2014 Standard Civil Contract (Welfare Benefits) [F32, the 2015 Standard Civil Contract, [F33the 2016 Standard Civil Contract (Welfare Benefits),] the 2018 Standard Civil Contract or the 2018 CLA Contract]] governs the provision of the civil legal services for which remuneration is claimed;

(k)“rolled-up hearing” means a hearing at which the court considers the application for judicial review (including whether to give permission to bring judicial review proceedings);

(l)“Tribunal Rules” means the Tribunal Procedure (Upper Tribunal) Rules 2008.]

Textual Amendments

Remuneration for civil legal services: generalE+W

6.—(1) This regulation applies to the payment by the Lord Chancellor of remuneration to providers of civil legal services other than—

(a)advocacy services in family proceedings; or

(b)civil legal services in relation to inquests.

(2) [F34Subject to regulation 5A,] the Lord Chancellor must pay remuneration to a provider of civil legal services in accordance with—

(a)the relevant contract; and

(b)subject to paragraph (3), the fees and rates set out in Schedule 1.

(3) The Lord Chancellor may pay a percentage enhancement to the hourly rates set out in Schedule 1, but the percentage enhancement must not exceed—

(a)100% for proceedings in the Upper Tribunal, High Court, Court of Appeal or the Supreme Court; and

(b)50% for all other proceedings.

Textual Amendments

7.—(1) This regulation applies to the payment by the Lord Chancellor of remuneration for civil legal services provided by barristers in independent practice where the civil legal services—

(a)are in relation to work that is not Controlled Work; and

(b)are not—

(i)advocacy services in family proceedings; or

(ii)other legal services in relation to inquests.

(2) [F35Subject to paragraphs [F36(3) to (4A)]] [F35Subject to regulation 5A and paragraphs (3) and (4) of this regulation,], the Lord Chancellor must pay remuneration for civil legal services to which this regulation applies in accordance with the rates set out in Schedule 2.

[F37(3) The Lord Chancellor may pay an enhancement to the hourly rates set out in Table 1 of Schedule 2 where—

(a)the work was done with exceptional competence, skill or expertise;

(b)the work was done with exceptional speed; or

(c)the case involved exceptional circumstances or complexity.

(3A) Subject to paragraph (3B), when calculating the percentage by which the hourly rates may be enhanced under paragraph (3), the Lord Chancellor must have regard to the—

(a)degree of responsibility accepted by the barrister;

(b)care, speed and efficiency with which the barrister prepared the case; and

(c)novelty, weight and complexity of the case.

(3B) The Lord Chancellor must not pay an enhancement which exceeds—

(a)100% for proceedings in the Upper Tribunal or High Court; or

(b)50% for all other proceedings.]

[F38(4) Where a barrister in independent practice who is not a Queen’s Counsel provides civil legal services in a category not listed in Table 1 or Table 2 in Schedule 2, in considering the rate at which to remunerate the barrister for the services provided, the Lord Chancellor must have regard to the rates set out in Table 1 and the provisions relating to enhancement under paragraphs (3) to (3B).]

[F39(4A) Where a barrister in independent practice who is a Queen’s Counsel provides civil legal services in a category not listed in Table 2 in Schedule 2, in considering the rate at which to remunerate the barrister for the services provided, the Lord Chancellor must have regard to the rates set out in that Table.]

[F40(5) For the purpose of this regulation—

(a)in determining what is exceptional, the Lord Chancellor may have regard to the generality of proceedings to which the relevant rates apply;

(b)“care” includes the skill with which the barrister has carried out the work and, in particular, the care with which the barrister has dealt with a vulnerable client; and

(c)“weight” means the—

(i)volume of documentation or other material in a case;

(ii)number of issues arising in a case; or

(iii)importance of the case to the client.]

Textual Amendments

Remuneration: advocacy services in family proceedingsE+W

8.—(1) This regulation applies to the payment by the Lord Chancellor of remuneration for the provision of advocacy services in family proceedings.

(2) Subject to paragraph (3), the Lord Chancellor must pay remuneration for advocacy services in family proceedings in accordance with—

(a)the relevant contract; and

(b)the [F41provisions of] Schedule 3.

(3) The Lord Chancellor must pay remuneration, other than to counsel, for advocacy services in family proceedings provided in the circumstances described in paragraph (4) in accordance with—

(a)the relevant contract; and

(b)the relevant hourly rates set out in Schedule 1.

(4) The circumstances referred to in paragraph (3) are where advocacy services are provided—

(a)to any party in child abduction proceedings;

[F42(aa)in proceedings under paragraph 1 of Schedule 2 to the Female Genital Mutilation Act 2003;]

(b)in proceedings under Part IVA (forced marriage) of the Family Law Act 1996 M15;

(c)in [F43disputed] proceedings for divorce or judicial separation, for dissolution of a civil partnership or the legal separation of civil partners;

(d)in proceedings for the nullity of marriage or annulment of a civil partnership;

(e)in applications for a parental order under the Human Fertilisation and Embryology Act 2008 M16;

(f)in proceedings under the inherent jurisdiction of the High Court in relation to children;

(g)where the advocate separately represents a child in proceedings which are neither specified proceedings within the meaning of section 41(6) of the Children Act 1989 nor are heard together with such proceedings;

(h)in proceedings in the Court of Appeal or the Supreme Court;

(i)in a final appeal; or

(j)by Queen's Counsel acting as such under a prior authority given by the Lord Chancellor under the relevant contract.

(5) In paragraph (4), “final appeal” means any appeal against a final order in family proceedings but does not include—

(a)an application to the court of first instance for permission to appeal; and

(b)advice on the merits of appealing against a final order.

(6) Where advocacy services in the circumstances described in paragraph (4) are provided by counsel, the Lord Chancellor must pay remuneration to counsel in accordance with the relevant contract.

(7) In circumstances where the relevant contract requires the amount of remuneration payable to counsel to be determined having regard to matters including the remuneration that would have been payable had the services been remunerated under the provisions of the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001 M17, in deciding the amount of remuneration to pay to counsel under paragraph (6) the Lord Chancellor must reduce by 10% the remuneration that would have been payable under that Order.

Textual Amendments

Marginal Citations

M15Part IVA was inserted by section 1 of the Forced Marriage (Civil Protection) Act 2007 (c.20).

M17S.I. 2001/1077; revoked by article 9(1) of S.I. 2011/1027 subject to savings set out in article 9(2).

Remuneration for civil legal services: inquestsE+W

9.—(1) This regulation applies to the payment by the Lord Chancellor of remuneration for civil legal services provided in relation to inquests.

(2) The Lord Chancellor must pay remuneration to the provider of civil legal services in relation to an inquest in the form of legal help in accordance with—

(a)the relevant contract; and

(b)the fees and rates in Part 1 and Part 2 of Schedule 1 that are applicable to the Category Definition most relevant to the circumstances giving rise to the inquest.

(3) The Lord Chancellor must pay remuneration for civil legal services provided in relation to an inquest in the form of other legal services in accordance with—

(a)the relevant contract; and

(b)subject to paragraph (4), the rates set out in Schedule 4.

(4) If, due to exceptional circumstances, the Lord Chancellor considers it reasonable to do so, instead of paying remuneration in accordance with the rates set out in Schedule 4, the Lord Chancellor may pay remuneration [F44in accordance with the payment rates set out in Part 2 of Schedule 2 to the Criminal Defence Service (Very High Cost Cases) (Funding) Order 2013]

(5) In paragraph (4), “exceptional circumstances” must relate to one or more of the following—

(a)the unusual length of the inquest;

(b)the volume of material; or

(c)the complexity of the issues.

F45(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Remuneration: expert servicesE+W

10.  The Lord Chancellor must pay remuneration to a provider in relation to expert services incurred as a disbursement by the provider in accordance with—

(a)the relevant contract; and

(b)the provisions of Schedule 5.

Payments on account by the Lord Chancellor direct to barristers in independent practiceE+W

11.—(1) Subject to paragraphs [F46(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 [F47from 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 F48....

F49(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) An application under paragraph (1) may not be made in respect of advocacy services in family proceedings.

[F50(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

12.—(1) Where an application is made in accordance with regulation 11, the Lord Chancellor may pay the barrister up to [F5180%] of the amount that the Lord Chancellor considers to be the barrister's reasonable fees.

(2) In deciding how much to pay under paragraph (1), the Lord Chancellor must take into account—

(a)any amounts that the Lord Chancellor has previously paid on account to the barrister; and

(b)any cost limitation to which the determination referred to in regulation [F5211(7)(a)] is subject.

[F53(2A) Where an application for judicial review is issued and none of sub-paragraphs (a) to (e) of regulation 5A(1) applies, the barrister must repay to the Lord Chancellor any amount paid on account under paragraph (1) of this regulation for civil legal services consisting of making that application.]

(3) If a barrister's final fees are assessed at an amount less than the amount that the Lord Chancellor has paid to the barrister on account, the barrister must pay the difference to the Lord Chancellor.

Textual Amendments

Signed by authority of the Lord Chancellor

McNally

Minister of State

Ministry of Justice

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