2008 No. 2704
The Community Legal Service (Funding) (Amendment No. 2) Order 2008
Made
Laid before Parliament
Coming into force
The Lord Chancellor makes the following Order in exercise of the powers conferred by section 6(4) of the Access to Justice Act 19991. The Lord Chancellor 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.
Citation, commencement and transitional provisions
1
This Order may be cited as the Community Legal Service (Funding) (Amendment No. 2) Order 2008.
2
This Order shall come into force on 3rd November 2008.
3
4
Where this article applies and the proceedings in connection with which the services are funded are transferred into the First-tier Tribunal or the Mental Health Review Tribunal for Wales, as the case may be, the services will continue to be funded on the same basis.
Amendments to the Community Legal Service (Funding) Order 2007
5
The Community Legal Service (Funding) Order 2007 is amended as follows.
6
In Article 3 after the definition of “group litigation” insert—
“Higher Courts” means the Court of Protection, the Crown Court, the Employment Appeal Tribunal, the Upper Tribunal, the High Court, the Court of Appeal, or the House of Lords;
“Mental Health Proceedings” means proceedings or potential proceedings before the First-tier Tribunal or the Mental Health Review Tribunal for Wales, under any provision of the Mental Health Act 19834 or paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 19845;
7
In Article 5(2)(b)(i), after “the” insert “Upper Tribunal,”.
8
In Part 1, sub-part 5 of the Schedule—
a
in Table 5(a)—
i
for “Non-Mental Health Review Tribunal” substitute “Mental Health – Non-Tribunal”;
ii
for “MHRT” wherever it occurs, substitute “Mental Health Proceedings”.
b
in Table 5(b)—
i
for “(Mental Health Review Tribunal)” substitute “(Mental Health Proceedings)”;
ii
for “Non MHRT” substitute “Mental Health – Non-Tribunal”;
iii
for “(MHRT)” in both places substitute “(Mental Health Proceedings)”.
9
In Part 1, sub-part 8 of the Schedule, for the title of Table 8(d) substitute “Table 8(d) Representation in Mental Health Proceedings”.
Signed by the authority of the Lord Chancellor
(This note is not part of the Order)