The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2013

PART 1 GENERAL AND AMENDMENTS

Citation and commencement

1.  These Regulations may be cited as the Criminal Legal Aid (Remuneration) (Amendment) Regulations 2013 and come into force on 2nd December 2013.

Interpretation

2.  In these Regulations—

“the Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012; and

“the Remuneration Regulations” means the Criminal Legal Aid (Remuneration) Regulations 2013(1).

Amendment to the Remuneration Regulations

3.—(1) The Remuneration Regulations are amended as follows.

(2) In the Table of Contents, at the appropriate places insert—

(a) “12A. Fees in Very High Cost Cases”; and

(b) “SCHEDULE 6 — Fees in Very High Cost Cases”.

(3) In regulation 2(1) (interpretation), after the definition of “Very High Cost Case”, insert—

““Very High Cost Case contract” means the 2013 VHCC contract between the Lord Chancellor and a representative for the provision of representation under section 16 of the Act (criminal legal aid)(2).”.

(4) In regulation 3(8) (scope)—

(a) for “regulation 12 and” substitute “regulations 12 and 12A,”; and

(b) after “Schedule 2” insert “and Schedule 6”.

(5) After regulation 12 (notification of Very High Cost Cases) insert—

“Fees in Very High Cost Cases

12A.   Where services consisting of representation made available under section 16 of the Act (criminal legal aid) are provided in a case which is the subject of a Very High Cost Case contract, fees for that case must be paid—

(a) in accordance with the terms of that contract; and

(b) at the rates set out for the appropriate category and level of representative set out in Schedule 6 to these Regulations.”.

(6) In paragraph 11(1) of Schedule 4 (Advice and Assistance provided pursuant to a determination made under section 15 of the Act in Prison Law cases), omit “Treatment Cases,”.

(7) For Schedule 5 (experts’ Fees and Rates) to the Remuneration Regulations substitute Schedule 5 as set out in Schedule 1 to these Regulations.

(8) After Schedule 5 to the Remuneration Regulations insert Schedule 6 as set out in Schedule 2 to these Regulations.

(1)

S.I. 2013/435.

(2)

The 2013 VHCC contracts for organisations and self-employed advocates are available at www.justice.gov.uk/legal-aid. Copies can be inspected at the Legal Aid Agency (Head Office) at 102 Petty France, London, SW1H 9AJ.