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5. In article 4—
(a)in paragraph (2), for “(3)” substitute “(2A)”; and
(b)after paragraph (2) insert—
“(2A) This Order does not apply to family proceedings in magistrates' courts where:
(a)prior authority to instruct counsel in respect of the work which was carried out has not been granted by the Commission; and
(b)on the assessment of costs by the Commission, instructing counsel to carry out that work was not considered to be justified,
in which case all costs and disbursements in respect of such work shall be assessed in accordance with the rates set out in the Legal Aid in Family Proceedings (Remuneration) Regulations 1991(1).”.
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