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The Community Legal Service (Funding) Order 2007

As Enacted Cited authorities 26 Cited in Amendments 11 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2007/2441

2007 No. 2441

Legal SERVICES COMMISSION, England and Wales

The Community Legal Service (Funding) Order 2007

Made 9th August 2007

Laid before Parliament 17th August 2007

Coming into force 1st October 2007

The Lord Chancellor makes the following Order in exercise of the powers conferred1by sections 6(4) and 19 of the Access to Justice Act 19992. The Lord Chancellor has consulted the General Council of the Bar and the Law Society in accordance with section 25(2) of that Act and has had regard to the matters specified in section 25(3) of that Act.

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1.—(1) This Order may be cited as the Community Legal Service (Funding) Order 2007.

(2) This Order comes into force on 1st October 2007, save that Parts 5 and 8(c) of the Schedule to this Order come into force on 1st January 2008.

Revocation and savings
S-2 Revocation and savings

Revocation and savings

2.—(1) Subject to paragraph (2), the Community Legal Service (Funding) Order 20003is revoked.

(2) The Order mentioned in paragraph (1) continues to have effect in relation to—

(a)

(a) applications for funded services made before 1st October 2007;

(b)

(b) applications for funded services where—

(i) a client is in receipt of General Family Help; and

(ii) the funded services are extended to include Legal Representation after 1st October 2007.

Interpretation
S-3 Interpretation

Interpretation

3.—(1) In this Order—

“the Act” means the Access to Justice Act 1999;

“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, and includes proceedings in which the welfare of children is determined, and includes all proceedings under one or more of the following—

(a) the Matrimonial Causes Act 19734;

(b) the Adoption Act 19765;

(c) the Domestic Proceedings and Magistrates’ Courts Act 19786;

(d) Part III of the Matrimonial and Family Proceedings Act 19847;

(e) Parts I to V of the Children Act 19898;

(f) Part IV of the Family Law Act 19969;

(g) the Adoption and Children Act 200210;

(h) the Civil Partnership Act 200411; and

(i) the inherent jurisdiction of the High Court in relation to children,

but excludes proceedings under the Inheritance (Provision for Family and Dependants) Act 197512and the Trusts of Land and Appointment of Trustees Act 199613;

“funded services” means services which are provided directly to 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;

“supplier” means a party to the Unified Contract other than the Commission;

“Unified Contract” means the contract between the Commission and a supplier for the provision of funded services which consists of the contract document, the schedule, the contract standard terms and the specification14.

(2) References to the levels of service “General Family Help”, “Family Help (Lower)”, “Legal Help”, “Help at Court” and “Legal Representation” shall be construed as references to the receipt or provision of those levels of service granted in accordance with the Funding Code.

Funding of Services – direct payments
S-4 Funding of Services – direct payments

Funding of Services – direct payments

4. The Commission may only fund services under section 6(3)(b) or (e) of the Act where authorisation for such funding has been given in an individual case under section 6(8)(b) of the Act.

Remuneration under contracts

Remuneration under contracts

S-5 Paragraph (2) applies to contracts which have been awarded...

5.—(1) Paragraph (2) applies to contracts which have been awarded otherwise than—

(a)

(a) after competitive tendering as to price has taken place;

(b)

(b) in relation to a particular case (including group litigation or potential group litigation);

(c)

(c) as part of any pilot which provides for remuneration by way of one or more standard fees; or

(d)

(d) as part of the Community Legal Advice Centres and Community Legal Advice Networks set up by the Commission.

(2) Any contract for the provision of funded services under section 6(3) of the Act—

(a)

(a) will provide for payment by the Commission at the fees and hourly rates set out in the Schedule to this Order; and

(b)

(b) may provide for a percentage enhancement to the hourly rates set out in the Schedule to this Order, provided that the percentage enhancement must not exceed—

(i) 200% for non family proceedings in the High Court, Court of Appeal or House of Lords; and

(ii) 100% for all other proceedings.

S-6 Where under section 6(3) of the Act the Commission enters a...

6. Where under section 6(3) of the Act the Commission enters a contract that provides for the court to assess remuneration payable by the Commission, the court must assess the remuneration in accordance with the contract.

Foreign law
S-7 Foreign law

Foreign law

7. The Commission may fund Legal Help relating to the preparation of applications for transmission under the provision of the European Agreement on the Transmission of Applications for Legal Aid and under Council Directive 2003/8/ECof 27th January 200315.

Bridget Prentice

Parliamentary Under-Secretary of State

Ministry of Justice

9th August 2007

SCHEDULE

Article 5

SCHEDULE

Words and expressions used in this Schedule have the same meaning as in the Unified Contract. The fees and rates in this Schedule are exclusive of value added tax.

Civil Standard and Graduated Fees

Civil Standard and Graduated Fees

Part 1 Legal Help and Help at Court

Part 1 Legal Help and Help at Court

Table 1

The fees in this Table for Housing do not apply for the Housing Possession Duty Scheme – see Part 6.

Category>

Under Specialist Quality Mark Fixed fee

Under Specialist Quality Mark Exceptional Thresholds

Tolerance

Fixed Fee

Tolerance Exceptional Thresholds

Actions Against the Police

£261

£783

£151

£453

Clinical Negligence

£213

£639

£-

£-

Community Care

£290

£870

£175

£525

Consumer General Contract

£174

£522

£146

£438

Debt

£196

£588

£121

£363

Education

£296

£888

£149

£447

Employment

£225

£675

£147

£441

Housing

£171

£513

£135

£405

Miscellaneous

£86

£258

£-

£-

Personal Injury

£204

£612

£-

£-

Public Law

£282

£846

£203

£609

Welfare Benefits

£164

£492

£133

£399
Part 2 Family Public Law

Part 2 Family Public Law

Table 2 (a) Legal Help

National

£144

Table 2(b) Family Help (Lower) – section 31 Children Act 198916Care Proceedings Only

National

£347

Table 2(c) Legal Representation section 31 Children Act 1989 Care Proceedings only

Party

Court

Number of Clients

Midlands

North

London and South

Wales

Child

Other

1

£2,405

£1,972

£2,761

£2,695

Child

Other

2+

£3,608

£2,958

£4,142

£4,043

Child

High

1

£3,199

£2,623

£3,672

£3,584

Child

High

2+

£4,799

£3,935

£5,508

£5,376

Joined Party

Other

-

£1,276

£986

£1,482

£1,606

Joined Party

High

-

£1,697

£1,311

£1,971

£2,136

Parent

Other

1

£3,156

£2,621

£3,589

£3,250

Parent

Other

2

£3,945

£3,276

£4,486

£4,063

Parent

High

1

£4,197

£3,486

£4,773

£4,323

Parent

High

2

£5,246

£4,358

£5,966

£5,404
Part 3 Family Private Law

Part 3 Family Private Law

Table 3 (a) Legal Help

National

£94

Table 3 (b) Legal Help Divorce Petition Only

National

£159

Table 3 (c) Family Help (Lower) Children

Fee

Settlement Fee

London

£256

£153

Non – London

£221

£132

Table 3 (d) Family Help (Lower) Finance

Fee

Settlement Fee

London

£268

£161

Non – London

£231

£139
Part 4 Immigration and Asylum

Part 4 Immigration and Asylum

Table 4 (a) Immigration and asylum scheme graduated fees

Stage 1 (Legal Help)

Stage 2a (CLR)

Stage 2b (CLR)

Asylum Graduated Fee

£450

£240

£600

Immigration Graduated Fee

£255

£240

£480

Table 4 (b) Additional payment for immigration and asylum cases

Activity

Additional Payment

Representation at the Home Office interview (asylum and immigration cases within scope)

£290

Representation at oral Case Management Review Hearing

£175

Representation at telephone Case Management Review Hearing

£95

Representation at substantive Asylum and Immigration Tribunal hearing

£320 Asylum £250 Immigration

Additional hearing: part heard or re- list

£170 Asylum £170 Immigration

All disbursements (interpreter and translators, expert reports, travel expenses)

Separate payment outside of Graduated Fee Scheme, subject to cost thresholds
Part 5 Mental Health

Part 5 Mental Health

Table 5 (a) Basic Fees

Basic Fees

Non Mental Health Review Tribunal

£275

Level 1 (MHRT)

£140

Level 2 (MHRT)

£340

Level 3 (MHRT)

£311

Table 5 (b) Additional Fee

Activity

Additional Fees

Adjourned Hearing Fee

£124

Remote Travel payment Level 1 (Mental Health Review Tribunal)

£75

Remote Travel payment Non MHRT, Level 2 (MHRT) Level 3 (MHRT)

£150
Part 6 Housing Possession Duty Scheme

Part 6 Housing Possession Duty Scheme

Table 6: Standard Fee

Fee

London

£84

Non London

£79.50
Hourly Rates – Controlled Work

Hourly Rates – Controlled Work

Part 7 Legal Help, Help at Court and Family Help (Lower)

Part 7 Legal Help, Help at Court and Family Help (Lower)

Table 7 (a) Immigration, Mental Health, Actions Against the Police, Public Law, Education and Community Care

Activity

London Rate

Non London Rate

Preparation, attendance and advocacy

£57.35 per hour

£52.55 per hour

Travel and Waiting time

£30.30 per hour

£29.45 per hour

Routine letters out and telephone calls

£4.40 per item

£4.10 per item

Table 7 (b) Family and Housing (except as in Table 7(c)) and Employment

Activity

London Rate

Non London Rate

Preparation, attendance and waiting

£53.10 per hour

£50.05 per hour

Travel and Waiting time

£28.05 per hour

£28.05 per hour

Routine letters out and telephone calls

£4.10 per item

£3.95 per item

Table 7 (c): Legal Help or Help at Court provided in relation to a review under section 202 of the Housing Act 199617and to a...

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