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SCHEDULE 1E+WAdvocates' Graduated Fee Scheme

PART 6E+WMiscellaneous

Payment of fees to instructed advocateE+W

26.—(1) In accordance with regulation 23 the appropriate officer must notify each [F1trial] advocate of the total fees payable and authorise payment to the [F1trial] advocate accordingly.

(2) Payment of the fees in accordance with sub-paragraph (1) must be made to each [F1trial] advocate.

(3) Where the section 16 determination provides for representation by a single advocate, the [F1trial] advocate is responsible for arranging payment of fees to the [F2instructed] advocate and any substitute advocate who has undertaken work on the case.

(4) Where there are two [F1trial] advocates for an assisted person, payment must be made to each [F1trial] advocate individually, and—

(a)the leading [F1trial] advocate is responsible for arranging payment of fees to the [F2instructed] advocate and any substitute advocate who have undertaken work on the case of a type for which a leading advocate is responsible; and

(b)the led [F1trial] advocate is responsible for arranging payment of fees to the [F2instructed] advocate and any substitute advocate who have undertaken work on the case of a type for which a led advocate is responsible.

[F3(4A) In this paragraph, where the main hearing is a trial, “trial advocate” means an advocate who—

(a)is instructed pursuant to a section 16 determination to represent the assisted person at the trial, and

(b)attends the first day of the trial [F4, and for this purpose “trial” excludes any cross-examination or re-examination to which paragraph 13A(3) of Schedule 1 applies].]

(5) This paragraph does not apply to a claim for fees under paragraph 32, 33 or 34.

Textual Amendments