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Family Law

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22 SEP 2011

The Community Legal Service (Funding) (Amendment No 2) Order 2011 (SI 2066/2011)

This Order amends the Community Legal Service (Funding) Order 2007 (S.I.2007/2441) ("the 2007 Order"). It reduces the cap on the level of enhancements to hourly rates that can be paid to 100% for civil non-family proceedings in the higher courts and 50% for all other proceedings.

Schedule 1 (fees and rates payable for funded services) and Schedule 2 (fees and rates payable for advocacy services in certain family proceedings) of the 2007 Order, are replaced by new Schedules reducing the fees and rates payable by 10%. The funding of expert services is brought within the ambit of the 2007 Order for the first time by the insertion of paragraph (e) into article 5(2) of the 2007 Order and the insertion of Schedule 6 into the 2007 Order. These provide for the fixed fees and hourly rates to be paid for the type of expert services listed in Schedule 6. The insertion of article 5C and Schedule 7 into the 2007 Order provide for fixed rates to be payable to barristers in independent practice where funded services are provided under a certificate and where the services are not advocacy services in family proceedings to which article 5A of the 2007 Order applies. Section 3 of Schedule 4 to the 2007 Order deals with the remuneration of advocacy services in family proceedings not dealt with elsewhere in the 2007 Order. Article 10 of this Order amends paragraph 77 of Schedule 4 to the 2007 Order to bring the remuneration in these cases in line with the reduction in fees being made elsewhere in the 2007 Order.

This Order comes into force:

(a) in relation to this article, articles 1, 3, 4, 5, 6(c), 7, 8, 11, 12, 13, 14 and article 9 in so faras it relates to Parts 4 and 5 of Schedule 1 to the 2007 Order, on 3 October 2011;

(b) in relation to article 6(a) and (b) and article 9 in so far as it relates to Parts 1, 2 and 3 ofSchedule 1 to the 2007 Order:

(i) where funded services are provided under the 2010 Standard Civil Contract on 3 October 2011;

(ii) where funded services are provided under the Unified Contract on 1 February 2012;

(c) in relation to article 9, in so far as it relates to Schedule 2 to the 2007 Order, and article10 on 1st February 2012.

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