The Civil Legal Aid (Remuneration) (Amendment) Regulations 2014

Statutory Instruments

2014 No. 7

Legal Aid And Advice, England And Wales

The Civil Legal Aid (Remuneration) (Amendment) Regulations 2014

Made

8th January 2014

Laid before Parliament

9th January 2014

Coming into force

1st February 2014

The Lord Chancellor makes the following Regulations(1) in exercise of the powers conferred by sections 2(3), 41(1)(a) and (b) and 41(3)(b) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012(2).

Citation and commencement

1.  These Regulations may be cited as the Civil Legal Aid (Remuneration) (Amendment) Regulations 2014 and come into force on 1st February 2014.

Amendment of the Civil Legal Aid (Remuneration) Regulations 2013

2.—(1) The Civil Legal Aid (Remuneration) Regulations 2013(3) are amended as follows.

(2) In regulation 2(1)—

(a) in the definition of “the relevant contract” for “or the 2013 Individual Case Contract (Civil)” substitute “, the 2013 Individual Case Contract (Civil) or the 2014 Standard Civil Contract (Welfare Benefits)”; and

(b) in the definition beginning “the 2010 Standard Civil Contract” for “and “the 2013 Individual Case Contract (High Cost Civil)”” substitute “, “the 2013 Individual Case Contract (High Cost Civil)” and “the 2014 Standard Civil Contract (Welfare Benefits)”(4)”.

(3) In Part 1 of Schedule 1, after paragraph 2 (Legal help and help at court: fees for Housing) insert—

“2A.   The fees in Table 1 for Welfare Benefits do not apply to the payment of remuneration by the Lord Chancellor to providers of civil legal services where the provision of those services is governed by the 2014 Standard Civil Contract (Welfare Benefits). The fee for the payment of remuneration by the Lord Chancellor to those persons is contained in Table 7 in this Part.”.

(4) In Part 1 of Schedule 1, after Table 6 insert—

“Table 7: Standard Fee

2014 Standard Civil Contract (Welfare Benefits)

Standard Fee

£208”.

Chris Grayling

Lord Chancellor

Ministry of Justice

8th January 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Civil Legal Aid (Remuneration) Regulations 2013, which make provision about the payment by the Lord Chancellor to persons who provide civil legal services under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) (“LASPO”). These Regulations set the fee for the payment of remuneration by the Lord Chancellor to persons who provide civil legal services where the provision of those services is governed by the 2014 Standard Civil Contract (Welfare Benefits).

The impacts of the Government’s programme of legal aid reform implemented through LASPO are set out in an Impact Assessment, which was updated following the Act receiving Royal Assent. This is available at www.justice.gov.uk/legislation/billsand-acts/acts/legal-aid-and-sentencing-act/laspo-background-information. An Impact Assessment has not been prepared specifically for this instrument.

(1)

Section 42(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) provides that in Part 1 of that Act “regulations” means regulations made by the Lord Chancellor.

(2)

2012 c. 10.

(3)

S.I. 2013/422, as amended by S.I. 2013/2877.

(4)

These contracts 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.