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Statutory Instruments
Legal Services Commission, England And Wales
Made
20th May 2008
Laid before Parliament
20th May 2008
Coming into force
1st July 2008
The Lord Chancellor makes the following Order in exercise of the powers conferred by section 6(4) of the Access to Justice Act 1999(1). He has consulted the General Council of the Bar and the Law Society in accordance with section 25(2) of that Act and has had regard to the matters specified in section 25(3) of that Act.
1.—(1) This Order may be cited as the Community Legal Service (Funding) (Amendment) Order 2008 and comes into force on 1st July 2008.
(2) In this Order “the 2007 Order” means the Community Legal Service (Funding) Order 2007(2).
2. Where—
(a)an application for funded services is made before 1st July 2008; or
(b)a client is in receipt of Legal Help before 1st July 2008 and the funded services are extended on or after that date to include Help at Court or Legal Representation,
the 2007 Order shall continue to have effect as if this Order had not been made.
3. In article 3(1) of the 2007 Order, in the definition of “Unified Contract”, for “the contract document, the schedule” substitute “the contract for signature, the schedules”.
4. For article 5(1)(a) of the 2007 Order substitute—
“(a)after competitive tendering has taken place (whether or not as to price) and under which funded services specified in the contract (including services provided at a specified place or on behalf of a specified type of client) may be provided only by the successful tenderers;”.
5. For the Schedule to the 2007 Order substitute the Schedule set out in the Schedule to this Order.
Signed by authority of the Lord Chancellor
Hunt
Parliamentary Under Secretary of State
Ministry of Justice
20th May 2008
Article 5
The following Schedule is substituted for the Schedule to the 2007 Order.
Words and expressions used in this Schedule have the same meaning as in the Unified Contract. The fees and rates in this Schedule are exclusive of value added tax.
The fees in this Table for Housing do not apply for the Housing Possession Duty Scheme – see Table 6.
Category | Under Specialist Quality Mark Fixed fee | Under Specialist Quality Mark Exceptional Thresholds | Tolerance Fixed Fee | Tolerance Exceptional Thresholds |
---|---|---|---|---|
Actions against the Police | £266 | £798 | £154 | £462 |
Clinical Negligence | £217 | £651 | £- | £- |
Community Care | £296 | £888 | £179 | £537 |
Consumer General Contract | £177 | £531 | £149 | £447 |
Debt | £200 | £600 | £123 | £369 |
Education | £302 | £906 | £152 | £456 |
Employment | £230 | £690 | £150 | £450 |
Housing | £174 | £522 | £138 | £414 |
Miscellaneous | £88 | £264 | £- | £- |
Personal Injury | £208 | £624 | £- | £- |
Public Law | £288 | £864 | £207 | £621 |
Welfare Benefits | £167 | £501 | £136 | £408 |
National |
---|
£147 |
National |
---|
£405 |
Party | Court | Number of Clients | Midlands | North | London and South | Wales |
---|---|---|---|---|---|---|
Child | Other | 1 | £2,405 | £1,972 | £2,761 | £2,695 |
Child | Other | 2+ | £3,608 | £2,958 | £4,142 | £4,043 |
Child | High | 1 | £3,199 | £2,623 | £3,672 | £3,584 |
Child | High | 2+ | £4,799 | £3,935 | £5,508 | £5,376 |
Joined Party | Other | - | £1,276 | £986 | £1,482 | £1,606 |
Joined Party | High | - | £1,697 | £1,311 | £1,971 | £2,136 |
Parent | Other | 1 | £3,156 | £2,621 | £3,589 | £3,250 |
Parent | Other | 2 | £3,945 | £3,276 | £4,486 | £4,063 |
Parent | High | 1 | £4,197 | £3,486 | £4,773 | £4,323 |
Parent | High | 2 | £5,246 | £4,358 | £5,966 | £5,404 |
National |
---|
£96 |
National |
---|
£162 |
Fee | Settlement Fee | |
---|---|---|
London | £256 | £153 |
Non-London | £221 | £132 |
Fee | Settlement Fee | |
---|---|---|
London | £268 | £161 |
Non-London | £231 | £139 |
Stage 1 (Legal Help) | Stage 2a (CLR) | Stage 2b (CLR) | |
---|---|---|---|
Asylum Graduated Fee | £459 | £252 | £630 |
Immigration Graduated Fee | £260 | £252 | £504 |
Activity | Additional Payment |
---|---|
Representation at the Home Office interview (asylum and immigration cases within scope) | £296 |
Representation at oral Case Management Review Hearing | £184 |
Representation at telephone Case Management Review Hearing | £100 |
Representation at substantive Asylum and Immigration Tribunal hearing | £336 Asylum, £263 Immigration |
Additional hearing: part heard or re- list | £179 Asylum, £179 Immigration |
All disbursements (interpreters and translators, expert reports, travel expenses) | Separate payment outside Graduated Fee Scheme, subject to cost thresholds |
Basic Fees | |
---|---|
Non-Mental Health Review Tribunal | £281 |
Level 1 (MHRT) | £143 |
Level 2 (MHRT) | £357 |
Level 3 (MHRT) | £327 |
Additional Fees | |
---|---|
Adjourned Hearing Fee | £130 |
Remote Travel payment Level 1 (Mental Health Review Tribunal) | £77 |
Remote Travel payment Non-MHRT, Level 2 (MHRT), Level 3 (MHRT) | £153 |
London | £84 |
Non-London | £79.50 |
Activity | London Rate | Non-London Rate |
---|---|---|
Preparation, attendance and advocacy | £58.50 per hour | £53.60 per hour |
Travel and waiting time | £30.90 per hour | £30.00 per hour |
Routine letters out and telephone calls | £4.50 per item | £4.20 per item |
Activity | London Rate | Non-London Rate |
---|---|---|
| ||
Preparation, attendance and advocacy | £57.35 per hour | £52.55 per hour |
Travel and waiting time | £30.30 per hour | £29.45 per hour |
Routine letters out and telephone calls | £4.40 per item | £4.10 per item |
Activity | London Rate | Non-London Rate |
---|---|---|
Preparation, attendance and advocacy | £54.15 per hour | £51.05 per hour |
Travel and waiting time | £28.60 per hour | £28.60 per hour |
Routine letters out and telephone calls | £4.20 per item | £4.05 per item |
Activity | London Rate | Non-London Rate |
---|---|---|
Preparation, attendance and advocacy | £62.40 per hour | £58.40 per hour |
Travel and waiting time | £30.90 per hour | £30.05 per hour |
Routine letters out and telephone calls | £4.50 per item | £4.20 per item |
Activity | London Rate | Non-London Rate |
---|---|---|
Preparation, attendance and advocacy | £51.70 per hour | £48.75 per hour |
Travel and waiting time | £27.35 per hour | £27.35 per hour |
Routine letters out and telephone calls | £4.00 per item | £3.85 per item |
Activity | London Rate | Non-London Rate |
---|---|---|
| ||
Preparation and attendance | £61.20 per hour | £57.25 per hour |
Travel and waiting time | £30.30 per hour | £29.45 per hour |
Routine letters out and telephone calls | £4.40 per item | £4.10 per item |
Advocacy | £69.60 per hour | £69.60 per hour |
Activity | London Rate | Non-London Rate |
---|---|---|
Preparation and attendance | £82.62 per hour | £77.29 per hour |
Travel and waiting time | £40.91 per hour | £39.76 per hour |
Routine letters out and telephone calls | £5.94 per item | £5.54 per item |
Advocacy | £93.96 per hour | £93.96 per hour |
Activity | London Rate | Non-London Rate |
---|---|---|
Preparation and attendance | £64.25 per hour | £60.10 per hour |
Travel and waiting time | £31.80 per hour | £30.90 per hour |
Routine letters out and telephone calls | £4.60 per item | £4.30 per item |
Advocacy | £73.10 per hour | £73.10 per hour |
Activity | London Rate | Non London Rate |
---|---|---|
Preparation and attendance | £64.25 per hour | £60.10 per hour |
Travel and waiting time | £31.80 per hour | £30.90 per hour |
Letters and telephone calls | £4.60 per item | £4.30 per item |
Advocacy | £73.10 per hour | £73.10 per hour |
Attending tribunal with counsel | £34.20 per hour | £34.20 per hour |
Activity | Higher Courts | County court and magistrates’ court |
---|---|---|
Writing routine letters | £4.70 per item | £4.10 per item |
Receiving routine letters | £2.35 per hour | £2.05 per item |
Routine telephone calls | £4.70 per item | £4.10 per item |
Preparation and attendance | £77.85 per hour (London Rate) £73.15 per hour (Non-London Rate) | £68.20 per hour (London Rate) £64.90 per hour (Non-London Rate) |
Attending at court or conference with counsel | £41.25 per hour | £36.30 per hour |
Advocacy | £77.85 per hour (London Rate) £73.15 per hour (Non-London Rate) | £71.50 per hour |
Travelling and waiting time | £35.75 per hour | £32.45 per hour |
Activity | Higher Courts | County court and magistrates’ court |
---|---|---|
Writing routine letters | £7.05 per item | £6.00 per item |
Receiving routine letters | £3.50 per hour | £3.00 per item |
Routine telephone calls | £7.05 per item | £6.00 per item |
Preparation and attendance | £78.40 per hour (London Rate) £73.05 per hour (Non-London Rate) | £66.00 per hour (London Rate) £61.00 per hour (Non-London Rate) |
Attending at court or conference with counsel | £41.25 per hour | £36.00 per hour |
Advocacy | £78.40 per hour (London Rate) £73.05 per hour (Non-London Rate) | £66.00 per hour (London Rate) £63.00 per hour (Non-London Rate) |
Travelling and waiting time | £35.75 per hour | £32.00 per hour (London Rate) £31.00 per hour (Non-London Rate) |
Activity | Higher Courts | County court and magistrates’ court |
---|---|---|
Writing routine letters | £7.50 per item | £6.60 per item |
Routine telephone calls | £4.15 per hour | £3.65 per item |
Preparation and attendance | £79.50 per hour (London Rate) £75.00 per hour (Non-London Rate) | £70.00 per hour (London Rate) £66.00 per hour (Non-London Rate) |
Attending at court or conference with counsel | £37.00 per hour | £32.50 per hour |
Advocacy | £75.00 per hour | £66.00 per hour |
Travelling and waiting time | £33.25 per hour | £29.20 per hour |
Activity | Higher Courts | County court and magistrates’ court |
---|---|---|
Writing routine letters | £7.40 per item | £6.50 per item |
Routine telephone calls | £4.10 per hour | £3.60 per item |
Preparation and attendance | £78.50 per hour (London Rate) £74.00 per hour (Non-London Rate) | £69.00 per hour (London Rate) £65.00 per hour (Non-London Rate) |
Attending at court or conference with counsel | £36.40 per hour | £32.00 per hour |
Advocacy | £74.00 per hour | £65.00 per hour |
Travelling and waiting time | £32.70 per hour | £28.75 per hour |
Activity | London Rate | Non-London Rate |
---|---|---|
Preparation and attendance | £61.20 per hour | £57.25 per hour |
Routine letters out and telephone calls | £4.40 per item | £4.10 per item |
Advocacy | £69.60 per hour | £69.60 per hour |
Attending tribunal or conference with counsel | £32.55 per hour | £32.55 per hour |
Travelling and waiting time | £30.30 per hour | £29.45 per hour |
Willingness Test | |
---|---|
£25 |
Activity | |
---|---|
Assessment alone | £87 |
Assessment separate | £87 |
Assessment together | £130 |
Category of Work | Single Session | Multi Session | Agreed Proposal |
---|---|---|---|
All Issues Mediation Sole | £168 | £756 | £252 |
All Issues Mediation Co- | £230 | £1,064 | £252 |
Property and Finance Sole | £168 | £588 | £189 |
Property and Finance Co- | £230 | £834 | £189 |
Child Sole | £168 | £462 | £126 |
Child Co- | £230 | £647 | £126” |
(This note is not part of the Order)
This Order amends the Community Legal Service (Funding) Order 2007, which imposes conditions on the funding of services as part of the Community Legal Service, by limiting the powers of the Legal Services Commission to pay remuneration under contract for the provision of funded services. Article 5 of this Order substitutes a new Schedule containing revised fees and rates payable for funded services for matters begun on or after 1st July 2008. Most of the fees and rates have been increased; the others remain the same. Article 4 excludes from the application of the Schedule certain contracts which are the subject of competitive tendering. Article 3 corrects the definition of “Unified Contract”.
An impact assessment for this instrument has been prepared and is available from Civil Legal Aid Strategy Division, Ministry of Justice, 54 Victoria Street, London SW1E 6QW. It is also annexed to the explanatory memorandum for this instrument, which is available at http://www.opsi.gov.uk.
1999 c.22. The powers were transferred to the Secretary of State by the Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887) and transferred back to the Lord Chancellor by the Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I. 2005/3429).
2002 c. 41. Sections 103A, 103B and 103E were inserted by section 26 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19).
Section 103D was inserted by section 26 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19).
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