The Civil Legal Aid (Remuneration) (Amendment) (No. 2) (Coronavirus) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Civil Legal Aid (Remuneration) Regulations 2013 (S.I. 2013/422) (“the 2013 Regulations”) which make provision about payment by the Lord Chancellor to providers of civil legal services under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c.10) (“the 2012 Act”). These Regulations also revoke the Civil Legal Aid (Remuneration) (Amendment) (Coronavirus) Regulations 2020 (S.I. 2020/515) (“the 2020 Regulations”).

Amendment of the 2013 Regulations – remuneration where online procedure is used

These Regulations amend the 2013 Regulations to insert a new definition of online procedure advocacy services and two new tables of fees to enable payment of remuneration by the Lord Chancellor to providers of civil legal services where the HM Courts and Tribunals Service online procedure is used (see regulation 2(2) and (5) of these Regulations).

These fees are subject to the definitions and payment scheme set out in the contracts made between the Lord Chancellor and a provider of civil legal services under Part 1 of the 2012 Act. The contracts are available at https://www.gov.uk/government/publications/standard-civil-contract-2018 . Copies can be inspected at the Legal Aid Agency (Head Office) at 102 Petty France, London, SW1H 9AJ.

Amendment of the 2013 Regulations – payments on account

Regulation 11 of the 2013 Regulations is amended to change the circumstances in which barristers in independent practice can apply for payment on account for certain civil legal services they have provided. Applications for payment on account can in future be made, in all relevant cases, at three monthly intervals (regulation 2(3) of these Regulations).

Regulation 12 of the 2013 Regulations is amended so as to increase the amount that the Lord Chancellor may pay to a barrister on account. The amount is increased to 80% of the amount that the Lord Chancellor considers to be the barrister’s reasonable fees (regulation 2(4) of these Regulations).

These changes are directed immediately at the circumstances during the Covid-19 pandemic.

Revocation of the 2020 Regulations

The 2020 Regulations are revoked with the effect that the amendments which they made to the 2013 Regulations cease to have effect. Regulation 4 makes related transitional provisions.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.