Explanatory note

These Regulations amend the Civil Legal Aid (Remuneration) Regulations 2013 (S.I. 2013/422) (“the Remuneration Regulations”), which make provision about payment by the Lord Chancellor to providers of civil legal services under arrangements made for the purpose of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c.10) (“the Act”).

Regulation 2(2) and (5) and Schedule 1 provide for remuneration of barristers in independent practice and for enhancement of the rates payable. Schedule 1 inserts a new Schedule 2 in the Remuneration Regulations.

Regulation 2(3) makes an amendment consequential to the Criminal Defence Service (Very High Cost Cases) (Funding) Order 2013 (S.I. 2013/2804) (“the Funding Order”). Regulation 9(4) of the Remuneration Regulations provides that in exceptional circumstances, if the Lord Chancellor considers it reasonable to do so, the Lord Chancellor may pay remuneration for civil legal services provided in relation to an inquest in accordance with the payment rates applicable under the 2010 VHCC contracts between the Lord Chancellor and a person for the provision of representation for the purposes of criminal proceedings under section 16 of the Act. The applicable rates are now set out in Part 2 of Schedule 2 to the Funding Order. Regulation 2(3) therefore amends the Remuneration Regulations to refer to that Order. No change is made to the applicable rates. This consequential amendment will apply in all cases from 2nd December 2013.

Regulation 2(4) omits Table 8(b) in Part 2 of Schedule 1 to the Remuneration Regulations, the effect of which is that the remuneration of providers in respect of all legal representation in immigration and asylum cases (other than those to which escape fees apply) which is Controlled Work will be at the rates set out in Table 8(c) of that Schedule.

Regulation 2(6) and Schedule 2 provide for the rates and fees to be paid to experts, including specific provision for certain experts in clinical negligence cerebral palsy cases. Schedule 2 inserts a new table in Schedule 5 to the Remuneration Regulations.

Regulation 3 provides that the amendments made by regulation 2(2) and (4) to (6) do not apply to pre-commencement applications for civil legal services. Regulations 5 to 6 define a “pre-commencement application”.

A full impact assessment of the effect of the policy implemented by this instrument on the costs of business and the voluntary sector was produced with the Government’s response to consultation, Transforming Legal Aid: Next Steps, and is available at https://consult.justice.gov.uk/.