The Community Legal Service (Funding) (Amendment) Order 2011

Amendments to the 2007 Order

7.  After article 5 insert—

“Advocacy services in family proceedings

5A.— (1) Subject to paragraph (2), the Commission must fund advocacy services in family proceedings as part of the Community Legal Service in accordance with—

(a) the fees and rates set out in Schedule 2; and

(b) the provisions of section 2 of Schedule 4.

(2) Where paragraph (3) applies, the Commission must fund advocacy services as part of the Community Legal Service in accordance with the provisions of section 3 of Schedule 4.

(3) This paragraph applies to advocacy services in family proceedings provided—

(a) to any party in child abduction proceedings;

(b) in proceedings under the Inheritance (Provision for Family and Dependants) Act 1975(1);

(c) in proceedings under the Trusts of Land and Appointment of Trustees Act 1996(2);

(d) in proceedings under Part 4A of the Family Law Act 1996(3);

(e) in defended proceedings for divorce or judicial separation, for dissolution of a civil partnership or the legal separation of civil partners;

(f) in proceedings for nullity of marriage or annulment of a civil partnership;

(g) in applications for a parental order under the Human Fertilisation and Embryology Act 2008(4);

(h) in proceedings under the inherent jurisdiction of the High Court in relation to children;

(i) where the advocate separately represents a child in proceedings which are neither specified proceedings within the meaning of section 41(6) of the Children Act 1989(5) nor are heard together with such specified proceedings;

(j) in proceedings in the Court of Appeal or the Supreme Court;

(k) in a final appeal;

(l) by Queen’s Counsel acting as such under a prior authority given by the Commission;

(m) under an individual case contract for a high cost case issued under rule A3 of Part 2 of the Funding Code.

Disbursements

5B.   Subject to the provisions of Schedules 4 and 5, nothing in this Order prevents the Commission from paying reasonable disbursements.”.

(1)

1975 c. 63.

(2)

1996 c. 47.

(3)

1996 c. 27. Part 4A was inserted by section 1 of the Forced Marriage (Civil Protection) Act 2007 (c. 20).

(4)

2008 c. 22.

(5)

1989 c. 41. Section 41(6) was amended by section 122(1)(a) of the Adoption and Children Act 2002 (c. 38).