The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Criminal Legal Aid (Remuneration) Regulations 2013 (S.I. 2013/435) (“the Remuneration Regulations”), which make provision for the funding and remuneration of advice, assistance and representation made available under sections 13, 15 and 16 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c.10).

Regulation 3(2) to (5) and (8) and Schedule 2 amend the Remuneration Regulations to provide for remuneration in Very High Cost Cases. The amendments apply to fees for work undertaken on or after 2nd December 2013. Schedule 2 inserts a new schedule 6 in the Remuneration Regulations. Part 3 of Schedule 2 provides for new, reduced fees payable under contracts signed by a representative and the Lord Chancellor on or after 2nd December 2013.

For contracts signed before 2nd December 2013, the new fees apply to work done pursuant to any Task List agreed between a representative and the Lord Chancellor on or after 2nd December 2013. The previously applicable fees will continue to apply to work done pursuant to a Task List agreed before 2nd December 2013 and in any case where, before 2nd December 2013, the court has set a date for trial which is on or before 31st March 2014.

Regulation 3(7) and Schedule 1 amend the Remuneration Regulations to provide for a reduction in the fees and rates paid to experts (with the exception of the London rate for interpreters) and apply to proceedings in which a determination under section 13, 15 or 16 of the Act is made on or after 2nd December 2013. Schedule 1 inserts a new schedule 5 in the Remuneration Regulations.

Regulation 3(6) of these Regulations amends the category of work in which a provider can claim a fixed fee to remove the reference to cases in which a prisoner wishes to challenge their treatment in prison. This is consequential to the amendments to be made to the Criminal Legal Aid (General) Regulations 2013 (S.I. 2013/9) to restrict the scope of criminal legal aid for prison law cases. The amendment made by regulation 3(6) does not apply to any fees claimed in cases in which an application for advice and assistance is made prior to 2nd December 2013.

A full impact assessment of the effect of the policy implemented by this instrument on the costs of business and the voluntary sector was produced with the Government’s response to consultation, Transforming Legal Aid: Next Steps, and is available at https://consult.justice.gov.uk/.