The Civil Legal Aid (Statutory Charge) Regulations 2013

Calculation of the statutory chargeE+W

This section has no associated Explanatory Memorandum

4.—(1) The amount of the statutory charge does not include, except where paragraph (2) or (3) applies, the cost to the Lord Chancellor of providing the following forms of civil legal services—

(a)legal help;

(b)help at court;

(c)family help (lower);

(d)family mediation; or

(e)help with family mediation.

(2) Where a legally aided party receives family help (higher) or legal representation, the amount of the statutory charge includes the cost to the Lord Chancellor of providing legal help, help at court, family help (lower) or help with family mediation, where made available, in connection with the same proceedings or dispute.

(3) Where the cost of providing family help (lower) exceeds the amount which would otherwise have qualified for the standard fee, the amount of the statutory charge includes—

(a)the cost of providing legal help and family help (lower) to the extent that those costs exceed that amount; and

(b)any disbursements.

(4) The amount of the statutory charge does not include any settlement fee paid in relation to family proceedings.

(5) In this regulation, “standard fee” and “settlement fee” mean the fees set out in regulations made under section 2(3) of the Act.