The Legal Advice and Assistance (Amendment No. 2) Regulations 2001

Amendments to Legal Advice and Assistance Regulations 1989

4.—(1) Subject to paragraph (2) of this regulation, Schedule 6 shall be amended as provided in the following paragraphs of this regulation, and any reference there to a paragraph by number alone means the paragraph so numbered in Schedule 6.

(2) The amendments in the following paragraphs of this regulation shall apply only to work carried out under a General Civil Contract with the Legal Services Commission, and in respect of work which is not carried out under such a contract the Legal Advice and Assistance Regulations 1989 shall have effect as if those paragraphs had not been made.

(3) In paragraph 1—

(a) for “paragraphs 2, 3 and 4” there shall be substituted “2 to 4”;

(b) for “within legal aid area 1”, wherever it occurs, there shall be substituted “in the Legal Services Commission’s London Region”.

(4) In paragraph 2—

(a) for “paragraph 4” there shall be substituted “paragraphs 2A, 2B, 4 and 4A”;

(b) after “franchisee” there shall be inserted “or provisional franchisee”;

(c) for “£45.50” (Preparation) there shall be substituted “£47.80”;

(d) for the words in brackets beginning “£48.25 per hour for a fee-earner” (Preparation) there shall be substituted “(£50.70 per hour for a fee-earner whose office is situated in the Legal Services Commission’s London Region)”;

(e) for “£25.50” (Travelling and waiting) there shall be substituted “£26.80”;

(f) for “£3.55” (Routine letters written and telephone calls) there shall be substituted “£3.75”;

(g) for the words in brackets beginning “£3.75 per item for a fee-earner” (Routine letters written and telephone calls) there shall be substituted “(£3.90 per item for a fee-earner whose office is situated in the Legal Services Commission’s London Region)”.

(5) After paragraph 2, there shall be inserted—

“2A.   Where advice and assistance is provided by a franchisee or provisional franchisee and that advice and assistance falls within any of the categories of immigration, mental health, education, public law, actions against the police etc. or community care, and that category of work is authorised as a specific category in the schedule to the contract with the Legal Services Commission under which that work is provided, the following rates shall apply instead of those contained in paragraph 2—

	London Region	Outside London
Preparation	£57.35 per hour	£52.55 per hour
Travel and waiting	£30.30 per hour	£29.45 per hour
Letters written and telephone calls	£4.40 per item	£4.10 per item

2B.   Where advice and assistance is provided by a franchisee or provisional franchisee and that advice and assistance falls within any of the categories of family, housing or employment, and that category of work is authorised as a specific category in the schedule to the contract with the Legal Services Commission under which that work is provided, the following rates shall apply instead of those contained in paragraph 2—

	London Region	Outside London
Preparation	£53.10 per hour	£50.05 per hour
Travel and waiting	£28.05 per hour	£28.05 per hour
Letters written and telephone calls	£4.10 per item	£3.95 per item”.

(6) Paragraph 5 shall be deleted.