Community Legal Service (Funding) Order 2000
2000 No. 627
LEGAL SERVICES COMMISSION, ENGLAND AND WALES
The Community Legal Service (Funding) Order 2000
Made 2nd March 2000
Laid before Parliament 7th March 2000
Coming into force 1st April 2000
The Lord Chancellor, in exercise of the powers conferred on him by sections 6(4), 19 and 105 of, and paragraph 1 of Schedule 14 to, the Access to Justice Act 19991, 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 and commencement
1. This Order may be cited as the Community Legal Service (Funding) Order 2000 and shall come into force on 1st April 2000.
Interpretation
2.—(1) In this Order:
“the Act” means the Access to Justice Act 1999;
“certificate” means a certificate issued under the Funding Code certifying a decision to fund services for the client;
“client” means an individual who receives funded services;
“clinical negligence proceedings” means proceedings which include:
(a) a claim for damages in respect of breach of a duty of care or trespass to the person committed in the course of the provision of clinical or medical services (including dental or nursing services); or
(b) a claim for damages in respect of alleged professional negligence in the conduct of such a claim;
“Commission” means the Legal Services Commission established under section 1 of the Act;
“family proceedings” means proceedings, other than proceedings for judicial review, which arise out of family relationships, including proceedings in which the welfare of children is determined, and including all proceedings under one or more of the following:
(a) the Matrimonial Causes Act 19732;
(b) the Inheritance (Provision for Family and Dependants) Act 19753;
(c) the Adoption Act 19764;
(d) the Domestic Proceedings and Magistrates' Courts Act 19785;
(e) Part III of the Matrimonial and Family Proceedings Act 19846;
(f) Parts I, II and IV of the Children Act 19897;
(g) Part IV of the Family Law Act 19968; and
(h) the inherent jurisdiction of the High Court in relation to children;
“fund” means the Community Legal Service Fund established under section 5 of the Act;
“funded services” means services which are provided directly for a client and funded for that client by the Commission as part of the Community Legal Service under sections 4 to 11 of the Act;
“Funding Code” means the code approved under section 9 of the Act;
“group litigation” means litigation of a number of claims which give rise to common or related issues of fact or law;
“immigration proceedings” means any proceedings relating to immigration, nationality or asylum in:
(a) the House of Lords;
(b) the Court of Appeal;
(c) the High Court; or before
(d) the Immigration Appeal Tribunal or an adjudicator;
“personal injury proceedings” means proceedings in which there is a claim for damages in respect of death or any disease or impairment of a person’s physical or mental condition, excluding proceedings for clinical negligence or proceedings arising from the disrepair of, eviction from or obligation to allow quiet enjoyment of residential premises.
(2) References to the levels of service listed in paragraph (3) shall be construed as references to the receipt or provision of those levels of service granted in accordance with the Funding Code.
(3) The levels of service referred to in paragraph (2) are:
(a)
(a) Legal Help;
(b)
(b) Help at Court;
(c)
(c) Legal Representation;
(d)
(d) Help with Mediation; and
(e)
(e) General Family Help.
(4) In this Order, any reference to the provisions of the Civil Legal Aid (General) Regulations 19899shall be construed as though they were amended as follows:
(a)
(a) any reference to “assisted person” shall be replaced by a reference to “client”;
(b)
(b) any reference to “authorised summary proceedings” shall be replaced by a reference to “proceedings in a magistrates' court”;
(c)
(c) in regulation 59, the words “legal aid” shall be replaced by “ Legal Services Commission”;
(d)
(d) in regulations 84 and 107, any reference to “regulation 83” shall be replaced by a reference to “regulation 4 of the Community Legal Service (Costs) Regulations 200010;”
(e)
(e) in regulation 102, the words “or the Funding Code” shall be inserted after “these Regulations”;
(f)
(f) in regulation 104, the words “or the Crown Court” shall be inserted after “magistrates' court”;
(g)
(g) in regulation 106A, the words “legal aid only costs” shall be replaced by “costs payable from the Community Legal Service Fund only”; and
(h)
(h) in regulation 113(3), the words “section 16(6) of the Act” shall be replaced by “section 10(7) of the Access to Justice Act 1999”.
Funding of services—Direct payments
3.—(1) The Commission may only fund services as part of the Community Legal Service under section 6(3)(b) of the Act as follows:
(a)
(a) where a certificate was granted before 1st April 2001, to make payments in respect of the provision of Legal Representation in actual or contemplated proceedings other than the following:
(i) personal injury;
(ii) clinical...
To continue reading
Request your trial