The Community Legal Service (Funding) (Counsel in Family Proceedings) (Amendment) Order 2003

Amendments to Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001

4.—(1) After article 8(1)(a) insert—

“(aa) in care proceedings, the advocates concerned are able to discuss all relevant matters without the need for an Advocates Meeting under paragraph 5.2 of the Children Act Protocol; or”.

(2) In article 8(1) after “shall be paid” insert “and for the purposes of this paragraph “hearing” shall, in care proceedings, include a Case Management Conference or a Pre-Hearing Review”.

(3) In article 8(2)(b)(i), before “commence at the time” insert “subject to paragraph (2A),”.

(4) After article 8(2) insert—

“(2A) For the purpose of function F3, where, in care proceedings, an Advocates Meeting is held on the same day as a Case Management Conference or Pre-Hearing Review, a hearing unit fee shall be paid as if the Advocates Meeting and the Case Management Conference or (as the case may be) Pre-Hearing Review together formed a single hearing, beginning at the time when the Advocates Meeting began and ending when the Case Management Conference or (as the case may be) Pre-Hearing Review ended.”.

(5) After article 8(3)(c) insert—

“(d) where, in care proceedings, the same counsel attends both the Pre-Hearing Review and the main hearing on behalf of a client, a function F5 primary hearing unit fee shall be paid in respect of the Pre-Hearing Review and the main hearing shall be paid at the secondary hearing unit rate;

(e) where, in care proceedings, counsel makes written submissions as to orders consequential to the main hearing an additional secondary hearing unit fee shall be paid.”.