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2003 No. 2590

LEGAL SERVICES COMMISSION, ENGLAND AND WALES

The Community Legal Service (Funding) (Counsel in Family Proceedings) (Amendment) Order 2003

  Made 3rd October 2003 
  Laid before Parliament 8th October 2003 
  Coming into force 1st November 2003 

The Secretary of State, in exercise of the powers conferred by section 6(4) of the Access to Justice Act 1999[1] and now vested in him[2], having had regard to the matters specified in section 25(3) and having consulted the General Council of the Bar and the Law Society, makes the following Order:

Citation, commencement and interpretation
     1.  - (1) This Order may be cited as the Community Legal Service (Funding) (Counsel in Family Proceedings) (Amendment) Order 2003 and shall come into force on 1st November 2003.

    (2) In this Order, "the Order" means the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001[
3] and an artcle or a Schedule referred to by number alone means the article or Schedule so numbered in the Order.

Transitional provisions
     2.  - (1) The Order shall have effect as if this Order had not been made in respect of - 

    (2) Where proceedings are commenced before 1st November 2003 in a magistrates' court and are transferred on or after 1st November 2003 to a county court or the High Court, the Order (as amended by this Order) shall apply in respect of work carried out on or after the date of the transfer.

Amendments to Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001
    
3. In article 2 - 

     4.  - (1) After article 8(1)(a) insert - 

    (2) In article 8(1) after "shall be paid" insert "and for the purposes of this paragraph "hearing" shall, in care proceedings, include a Case Management Conference or a Pre-Hearing Review".

    (3) In article 8(2)(b)(i), before "commence at the time" insert "subject to paragraph (2A),".

    (4) After article 8(2) insert - 

    (5) After article 8(3)(c) insert - 

     5. After article 10 insert - 

     6.  - (1) In article 11(1)(b), for "between 351 and 700 pages" substitute "comprises more than 350 pages".

    (2) In article 11(1)(c) before "as a special preparation fee" insert "in addition to the payment under sub-paragraph (b)".

    
7. In article 13(b) omit the words from "except where the court" to "the court town:".

    
8. In article 16(2)(a) after "law or fact" insert ", or was otherwise an exceptional case of its nature".

    
9. In Schedule 1, for "where the court bundle comprises between 351 and 700 pages", wherever it occurs, substitute "where the court bundle comprises more than 350 pages".

    
10. In paragraph 2 of Schedule 2, after "(including applications to free for adoption)" insert ", proceedings under the Child Abduction and Custody Act 1985[7]".



Signed by authority of the Lord Chancellor


David Lammy
Parliamentary Under Secretary of State, Department for Constitutional Affairs

Dated 3rd October 2003



EXPLANATORY NOTE

(This note is not part of the Order)


This Order makes amendments to the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001 (S.I. 2001/1077), which provides the framework for the graduated fee scheme for advocates in family proceedings.

Most of the amendments follow from the introduction of the Protocol for Judicial Case Management in Public Law Children Act Cases ("the Protocol") and the Practice Direction (Care Cases: Judicial Continuity and Judicial Case Management) made by the President of the Family Division, which come into force on 1st November 2003. These changes are as follows:

The Order also makes a number of other amendments to the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001. In particular:


Notes:

[1] 1999 c. 22.back

[2] By virtue of the Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), articles 4(1) and 9, Schedule 1 and Schedule 2 paragraph 11(1)(a).back

[3] S.I. 2001/1077.back

[4] 1989 c. 41.back

[5] 1975 c. 63.back

[6] 1996 c. 47.back

[7] 1985 c. 60.back



ISBN 0 11 048053 8


  Prepared 30 October 2003


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URL: http://www.bailii.org/uk/legis/num_reg/2003/20032590.html