The Legal Aid in Family Proceedings (Remuneration) (Amendment) Regulations 2001

Amendments to the Legal Aid in Family Proceedings (Remuneration) Regulations 1991

4.—(1) In regulation 3(4)(bb)—

(a) after “Schedule 2, shall” there shall be inserted “, subject to paragraph (4A),”;

(b) “for franchisees” shall be deleted;

(c) for the words from “(other than the Board)” to “Legal Aid Act 1988” there shall be substituted “who is authorised to carry out work in family proceedings by a contract with the Legal Services Commission”; and

(d) for “work done by franchisees” there shall be substituted “such work”.

(2) In regulation 3(4)(c)(iii), the words after “circumstances of the case” shall be deleted.

(3) After regulation 3(4) there shall be inserted—

“(4A) Except in relation to prescribed family proceedings in a magistrates' court, where paragraph (4)(bb) applies and the relevant work is done by a member of a relevant panel the relevant authority shall, subject to paragraph (4B), allow whichever is the higher of—

(a) an amount 15% higher than the amount in Schedule 1A or (as the case may be) 2A(a) which he would have allowed but for this paragraph and paragraph (4)(c); and

(b) if he decides to award such an amount, a larger amount than that specified in column 2 or column 3, as the case may be, of Parts I, II, III and V of Schedule 1A or (as the case may be) 2A(a), awarded in accordance with paragraph (4)(c).

(4B) Paragraph (4A) shall not apply in relation to any item if, but for that paragraph, the relevant authority would, in accordance with regulation 3(4)(c), have allowed a lower amount for that item than the one in Part I, II, III or V of Schedule 1A or 2A(a).”.

(4) In regulation 3(8) for “R.S.C., Order 62” there shall be substituted “Parts 43 to 48 of the Civil Procedure Rules 1998”.

(5) After regulation 3(8) there shall be inserted—

“(9) In this regulation—

(a) “relevant panel” means—

(i) the Solicitors' Family Law Association Accredited Specialist Panel; or

(ii) in relation to work done under a certificate which includes proceedings relating to children, the Law Society’s Children Act Panel; and

(b) “proceedings relating to children” means proceedings in which the welfare of children is determined, including, without limitation, proceedings under the Children Act 1989(1) or under the inherent jurisdiction of the High Court in relation to children.”.

(1)

1989 c. 41.