Explanatory note

This Order amends the Community Legal Service (Funding) Order 2007 (S.I. 2007/2441). The 2007 Order limits the power of the Legal Services Commission to pay remuneration under contract for the provision of funded services, and sets out remuneration rates which are payable for funded services.

This Order makes consequential amendments arising from the Tribunals, Courts and Enforcement Act 2007 (c. 15.), which replaces certain individual tribunals, including the Mental Health Review Tribunal, with a new First-tier and Upper Tribunal. The 2007 Order contains references to the Mental Health Review Tribunal which will cease to exist under the Act.

This Order replaces references to the Mental Health Review Tribunal with references to Mental Health Proceedings before the First-tier Tribunal and the Mental Health Review Tribunal for Wales, which is not part of the new Tribunals system. It also includes the new Upper Tribunal within the definition of ‘Higher Courts’ and provides that a contract may provide a percentage enhancement of up to 200% to the hourly rate for non-family proceedings in the Upper Tribunal.

A full impact assessment has not been produced for this instrument, as no impact on the private or voluntary sectors is foreseen.