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The Civil Legal Aid (Remuneration) (Amendment) (Coronavirus) Regulations 2020

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This is the original version (as it was originally made).

Statutory Instruments

2020 No. 515

Legal Aid And Advice, England And Wales

The Civil Legal Aid (Remuneration) (Amendment) (Coronavirus) Regulations 2020

Made

15th May 2020

Laid before Parliament

18th May 2020

Coming into force

8th June 2020

The Lord Chancellor makes the following Regulations in exercise of the powers conferred by sections 2(3) and 41(1) and (2) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012(1):

Citation, Commencement and Expiry

1.—(1) These Regulations may be cited as the Civil Legal Aid (Remuneration) (Amendment) (Coronavirus) Regulations 2020.

(2) They come into force on 8th June 2020.

(3) They cease to have effect on 8th June 2021.

Amendment to the Civil Legal Aid (Remuneration) Regulations 2013

2.—(1) The Civil Legal Aid (Remuneration) Regulations 2013(2) are amended as follows.

(2) In Schedule 1, in Part 1 (Civil Standard and Graduated Fees), in Table 4(a) (Immigration and Asylum Standard Fees) insert as a new final column—

Stage 2c–online procedure (controlled legal representation)
£627
£527

Alex Chalk

Parliamentary Under Secretary of State

Ministry of Justice

15th May 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 Remuneration 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).

Regulation 1 provides for how these Regulations may be cited, for their commencement and also, because these Regulations are directed to circumstances during the COVID-19 pandemic and so are intended to be temporary, that they are to cease to have effect on 8th June 2021.

Regulation 2 amends Schedule 1 to the Remuneration Regulations and the provision made for Immigration and Asylum standard fees, by adding two fees to enable payment of remuneration by the Lord Chancellor to providers of civil legal services where the HM Courts & Tribunals Service online procedure is used. Due to restrictions during the COVID-19 pandemic, most appeals will use the online procedure (save where not possible to do so).

The fees set out in the Remuneration Regulations are subject to 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 LASPO.

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.

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

(1)

2012 c. 10. Section 42(1) provides that, in Part 1 of the Act, “regulations” means regulations made by the Lord Chancellor.

(2)

S.I. 2013/422, to which there are amendments not relevant to these Regulations.

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