The Community Legal Service (Funding) (Amendment No.2) Order 2011

This Order may be cited as the Community Legal Service (Funding) (Amendment No.2) Order 2011.

This Order comes into force—

In this Order, “the 2007 Order” means the Community Legal Service (Funding) Order 2007^f1 and words and phrases used in this Order have the same meaning as in the 2007 Order.

The 2007 Order is amended as follows.

In article 3(1), in the definition of “family proceedings”, after paragraph (i) insert—

• “but excludes proceedings under the Inheritance (Provision for Family and Dependants) Act 1975^f1 and the Trusts of Land and Appointment of Trustees Act 1996^f2;”.

In article 5(2)—

In article 5A(3), omit sub-paragraphs (b) and (c).

After article 5B insert—

“Remuneration of barristers in independent practice providing funded services under a certificate in civil (non-family) proceedings

5C.

(1)

This article applies where—

(a)

funded services are provided by a barrister in independent practice under a certificate; and

(b)

the funded services are not advocacy services in family proceedings to which article 5A applies.

(2)

Subject to paragraph (3), the Commission must fund payments to a barrister in independent practice at the hourly rates set out in Schedule 7.

(3)

The Commission may increase the hourly rate for junior counsel in the county court if it considers it reasonable to do so.

(4)

For the purposes of this article and Schedule 7—

(a)

“junior counsel” means a barrister in independent practice of less than 10 years call; and

(b)

“senior counsel” means a barrister in independent practice of 10 years call or more.”

For Schedules 1 and 2 to the 2007 Order substitute Schedules 1 and 2 set out in Schedule 1 to this Order.

For paragraph 77 of Schedule 4 to the 2007 Order substitute—

“77.

(1)

This paragraph applies where advocacy services within article 5A(3) are provided by counsel.

(2)

There shall be determined on cost assessment, a figure having regard to—

(i)

the work reasonably done by counsel;

(ii)

the remuneration that would have been payable had the services been remunerated in accordance with paragraph 76 as it applied before 1^st February 2012; and

(iii)

the remuneration that would have been payable had the services been remunerated under the provisions of the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001^f1.

(4)

The remuneration payable to counsel is the figure determined on cost assessment in accordance with paragraph (2) reduced by ten percent.”.

In Schedule 5 to the 2007 Order, omit paragraphs 4 to 6.

After Schedule 5 to the 2007 Order, insert Schedules 6 and 7 set out in Schedule 2 to this Order.

Where funded services are provided otherwise than under a certificate and—

the 2007 Order continues to have effect as if this Order had not been made.

“SCHEDULE 1

Fees and Hourly Rates

Article 5

Subject to any specific provisions of this Schedule, words and expressions used in this Schedule have the same meaning as in the 2010 Standard Civil Contract or, in relation to services provided under the Unified Contract, that contract. The fees and rates in this Schedule are exclusive of value added tax. References to “Schedule Authorisation” shall, in respect of services provided under the Unified Contract, be read as “Specialist Quality Mark”.

Part 1 — Civil Standard and Graduated Fees

1 – Legal Help and Help at Court

Table 1

The fees in this Table for Housing do not apply to the Housing Possession Court Duty Scheme – see Table 6.

Category	Schedule Authorisation Standard Fee	Schedule Authorisation Exceptional Threshold	Tolerance Standard Fee	Tolerance Exceptional Threshold
Actions Against the Police	£239	£717	n/a	n/a
Clinical Negligence	£195	£585	n/a	n/a
Community Care	£266	£798	£161	£483
Consumer General Contract	£159	£477	£134	£402
Debt	£180	£540	£111	£333
Education	£272	£816	n/a	n/a
Employment	£207	£621	£135	£405
Housing	£157	£471	£124	£372
Miscellaneous	n/a	n/a	£79	£237
Personal Injury	£203	£609	£139	£417
Public Law	£259	£777	n/a	n/a
Welfare Benefits	£150	£450	£122	£366

2 – Family Public Law

Table 2 (a): Legal Help

National
£132

Table 2(b): Family Help (Lower) – Section 31 Children Act 1989 care or Supervision proceedings only

National
£365

Table 2(c): Legal Representation - section 31 Children Act 1989 Care or Supervision proceedings only

Party	Court	No. of Clients	Midlands	North	London and South	Wales
Child	Other	1	£1,949	£1,598	£2,237	£2,183
Child	Other	2+	£2,922	£2,396	£3,355	£3,275
Child	High Court	1	£2,591	£2,125	£2,975	£2,903
Child	High Court	2+	£3,887	£3,188	£4,461	£4,354
Joined Party	Other		£1,033	£798	£1,201	£1,301
Joined	High Court		£1,374	£1,062	£1,597	£1,730
Party
Parent	Other	1	£2,556	£2,123	£2,907	£2,633
Parent	Other	2	£3,196	£2,653	£3,633	£3,291
Parent	High Court	1	£3,399	£2,823	£3,866	£3,502
Parent	High Court	2	£4,249	£3,530	£4,832	£4,378

3 – Family Private Law

Words and expressions in Table 3(e), Table 3(f) and Table 3(g) have the same meaning as in Schedule 3.

Table 3(a) – Legal Help

National
£86

Table 3(b) – Legal Help – Divorce Petition Only

National
£146

Table 3(c) – Family Help (Lower) – Children

	Fee	Settlement Fee
London	£230	£138
Non - London	£199	£119

Table 3(d) Family Help (Lower) – Finance

	Fee	Settlement Fee
London	£241	£145
Non- London	£208	£125

Table 3(e) Higher Standard Fee Scheme – Children

Region	Court	Family Help (Higher) Standard Fee	Legal Representation Standard Fee
London	Other	£424	£302
	High Court	£509	£362
Non-London	Other	£353	£251
	High Court	£424	£302

Table 3(f) Higher Standard Fee Scheme – Finance

Region	Court	Family Help (Higher) Standard Fee	Family Help (Higher) Settlement Fee	Legal Representation Standard Fee
London	Other	£471	£95	£374
	High Court	£565	£113	£449
Non-London	Other	£392	£78	£311
	High Court	£471	£95	£374

Table 3(g) Higher Standard Fee Scheme – Domestic Abuse Proceedings

Region	Court	Legal Representation Standard Fee
London	Other	£608
	High Court	£729
Non-London	Other	£507
	High Court	£608

4 – Immigration

Table 4(a) – Immigration Standard Fees

	Stage 1 (Legal Help)	Stage 2a (Controlled Legal Representation)	Stage 2b (Controlled Legal Representation)
Asylum	£413	£227	£567
Immigration Non-Asylum	£234	£227	£454

Table 4(b) Additional Payments – Home Office Interview

Representation at Home Office Interview	£266

Table 4(c) Additional Payments for Advocacy Services

	Additional Payment
Oral Case Management Review Hearing	£166
Telephone Case Management Review Hearing	£90
Substantive Hearing in the AIT	Asylum £302 Immigration £237
Additional Day Substantive Hearing	Asylum £161 Immigration £161

Table 4 (d) Immigration Removal Centres Standard Fees (for exclusive Schedule Holders only)

On Site Surgery - advising five or more clients	£360
On site Surgery - advising four clients or less	£180
Fast Track Standby Payment	£34.02

5 – Mental Health

Table 5(a) – Basic fees

Basic Fees	Value
Mental Health – non Tribunal	£253
Level 1 (Mental Health Proceedings)	£129
Level 2 (Mental Health Proceedings)	£321
Level 3 (Mental Health Proceedings)	£294

Table 5(b) additional fees

Additional Fees	Value
Adjourned Hearing Fee	£117
Remote Travel Payment: Level 1 (Mental Health Proceedings)	£69
Remote Travel Payment: Non-Tribunal, Level 2 (Mental Health Proceedings) , Level 3 (Mental Health Proceedings)	£138

6 – Housing Possession Court Duty Scheme

Table 6 Standard Fee

Standard Fees	Value
London	£75.60
Non-London	£71.55

PART 2 Hourly Rates – Controlled Work

7 – Legal Help, Help at Court and Family Help (Lower)

Table 7(a) Immigration exceptional cases, Mental Health, Actions Against the Police etc., Public Law, Education and Community Care

Activity	London Rate	Non- London Rate
Preparation, Attendance and Advocacy	£52.65 per hour	£48.24 per hour
Travel & Waiting Time	£27.81 per hour	£27.00 per hour
Routine Letters out and telephone calls	£4.05 per item	£3.78 per item

Table 7(b) Family and Housing (except as in Table 7 (c)) and Employment

Activity	London Rate	Non-London Rate
Preparation, Attendance and Advocacy	£48.74 per hour	£45.95 per hour
Travel & Waiting Time	£25.74 per hour	£25.74 per hour
Routine Letters out and telephone calls	£3.78 per item	£3.65 per item

Table 7(c) Legal Help or Help at Court provided in relation to a review under section 202 of the Housing Act 1996^f1 and to a defendant to a possession claim in the County Court; Family Help (Lower) and related Legal Help in relation to care or supervision proceedings under section 31 of the Children Act 1989

Activity	London Rate	Non-London Rate
Preparation, Attendance and Advocacy	£56.16 per hour	£52.56 per hour
Travel & Waiting Time	£27.81 per hour	£27.05 per hour
Routine Letters out and telephone calls	£4.05 per item	£3.78 per item

Table 7(d) Immigration hourly rates cases

Activity	London Rate	Non-London Rate
Preparation, Attendance and Advocacy	£51.62 per hour	£47.30 per hour
Travel & Waiting Time	£27.27 per hour	£26.51 per hour
Routine Letters out and telephone calls	£3.96 per item	£3.69 per item

Table 7 (e) All other categories and all tolerance work

Activity	London Rate	Non-London Rate
Preparation, Attendance and Advocacy	£46.53 per hour	£43.88 per hour
Travel & Waiting Time	£24.62 per hour	£24.62 per hour
Routine Letters out and telephone calls	£3.60 per item	£3.47 per item

8 – Controlled Legal Representation

Table 8(a) Immigration – exceptional cases

Activity	London Rate	Non-London Rate
Preparation and Attendance	£57.83 per hour	£54.09 per hour
Travel & Waiting Time	£28.62 per hour	£27.81 per hour
Routine Letters out and telephone calls	£4.14 per item	£3.87 per item
Advocacy	£65.79 per hour	£65.79 per hour

Table 8(b) Immigration - Upper Tribunal cases where permission granted to Client (non Fast Track)

Activity	London Rate	Non-London Rate
Preparation and Attendance	£74.36 per hour	£69.56 per hour
Travel & Waiting Time	£36.82 per hour	£35.78 per hour
Routine Letters out and telephone calls	£5.35 per item	£4.99 per item
Advocacy	£84.56 per hour	£84.56 per hour

Table 8(c) Immigration - Other Hourly Rates Cases

Activity	London Rate	Non-London Rate
Preparation and Attendance	£55.08 per hour	£51.53 per hour
Travel & Waiting Time	£27.27 per hour	£26.51 per hour
Routine Letters out and telephone calls	£3.96 per item	£3.69 per item
Advocacy	£62.64 per hour	£62.64 per hour

Table 8(d) Representation in Mental Health proceedings

Activity	London Rate	Non-London Rate
Preparation and Attendance	£57.83 per hour	£54.09 per hour
Travel & Waiting Time	£28.62 per hour	£27.81 per hour
Routine Letters out and telephone calls	£4.14 per item	£3.87 per item
Advocacy	£65.79 per hour	£65.79 per hour
Attending tribunal with counsel	£30.78 per hour	£30.78 per hour

Part 3 – Hourly Rates – Licensed Work

9 – Family Prescribed Rates

Table 9(a) Care Proceedings

Activity	Higher Courts	County Court and Family Proceedings Court
Writing routine letters	£4.23 per item	£3.69 per item
Receiving routine letters	£2.12 per item	£1.85 per item
Routine telephone calls	£4.23 per item	£3.69 per item
Preparation and attendance	£70.07 per hour (London Rate)	£61.38 per hour (London Rate)
	£65.84 per hour (Non-London Rate)	£58.41 per hour (Non- London Rate)
Attendance at court or conference with counsel	£37.13 per hour	£32.67 per hour
Advocacy	£70.07 per hour (London Rate) £65.84 per hour (Non-London Rate)	£64.35 per hour
Travelling and waiting time	£32.18 per hour	£29.21 per hour

Table 9(b) Other Family Proceedings

The fees in this Table do not apply to proceedings under the Inheritance (Provision for Family and Dependants) Act 1975^f2 or proceedings under the Trusts of Land and Appointment of Trustees Act 1996^f3 – Table 10(a) or Table 10(b) apply to those proceedings.

Activity	Higher Courts	County Court and Family Proceedings Court
Routine letters out	£6.35 per item	£5.40 per item
Receiving routine letters	£3.15 per item	£2.70 per item
Routine telephone calls	£6.35 per item	£5.40 per item
Preparation and attendance	£70.56 per hour (London Rate) £65.75 per hour (Non-London Rate)	£59.40 per hour (London Rate) £54.90 per hour (Non-London Rate)
Attending court or conference with counsel	£37.13 per hour	£32.40 per hour
Advocacy	£70.56 per hour (London Rate) £65.75 per hour (Non-London Rate)	£59.40 per hour (London Rate) £56.70 per hour (Non-London Rate)
Travelling and waiting time	£32.18 per hour	£28.80 per hour (London Rate) £27.90 per hour (Non-London Rate)

10 - Non Family Prescribed Rates

Table 10 (a) Higher Courts, County Courts and Magistrates’ Courts for work carried out with Schedule Authorisation

Activity	Higher Courts	County Court and Magistrate Court
Routine letters out	£6.75 per item	£5.94 per item
Routine telephone calls	£3.74 per item	£3.29 per item
Preparation and attendance	£71.55 per hour (London Rate) £67.50 per hour (Non-London Rate)	£63.00 per hour (London Rate) £59.40 per hour (Non-London Rate)
Attendance at court or conference with counsel	£33.30 per hour	£29.25 per hour
Advocacy	£67.50 per hour	£59.40 per hour
Travelling and waiting time	£29.93 per hour	£26.28 per hour

Table 10 (b) Higher Courts, County Courts and Magistrates’ Courts for work not carried out with Schedule Authorisation

Activity	Higher Courts	County Court and Magistrates Court
Routine letters out	£6.66 per item	£5.85 per item
Routine telephone calls	£3.69 per item	£3.24 per item
Preparation and attendance	£70.65 per hour (London Rate) £66.60 per hour (Non-London Rate)	£62.10 per hour (London Rate) £58.50 per hour (Non-London Rate)
Attending court or conference with counsel	£32.76 per hour	£28.80 per hour
Advocacy	£66.60 per hour	£58.50 per hour
Travelling and waiting time	£29.43 per hour	£25.88 per hour

Table 10(c) First Tier Tribunal

Activity	London Rate	Non-London Rate
Preparation and attendance	£55.08 per hour	£51.53 per hour
Routine letter out and telephone calls	£3.96 per item	£3.69 per item
Advocacy	£62.64 per hour	£62.64 per hour
Attending tribunal or conference with counsel	£29.30 per hour	£29.30 per hour
Travelling and waiting time	£27.27 per hour	£26.51 per hour

PART 4 – Family Mediation Fees

11 – Family Mediation

Table 10(a): Willingness Test

Willingness Test
	£25

Table 11 (b): Assessment Meetings

Activity
Assessment alone	£87
Assessment separate	£87
Assessment together	£130

Table 11(c): Mediation Fees

Category of Work	Single Session	Multi Session	Agreed Proposal
All Issues Sole Mediation	£168	£756	£252
All Issues Co-Mediation	£230	£1,064	£252
Property and Finance Sole Mediation	£168	£588	£189
Property and Finance Co-Mediation	£230	£834	£189
Child Sole Mediation	£168	£462	£126
Child Co-Mediation	£230	£647	£126

PART 5 – Rates for specialist support contracts

12 – Specialist support contracts in community care, debt, employment, housing, welfare benefits, mental health, immigration and public law

Table 12

Category	Fixed fee
Stand – by payment	£27 per hour
Advice payment	£63 per hour

SCHEDULE 2

Article 5 and 5A

Family Advocacy Scheme: Fees and Rates

1 – Public law Advocacy Fees

Words and expressions used in this Schedule have the same meaning as in Schedule 4. The fees and rates in this Schedule are exclusive of value added tax.

Table 1 (a) Care or supervision proceedings under section 31 of the Children Act 1989 – graduated fees

Court	Hearing Unit 1 (up to 1 hour)	Hearing Unit 2 (up to 2.5 hours)	Conference Fee	Opinion Fee	Advocates’ Meeting Fee	Final Hearing Fee (per day)
Family Proceedings Court	£86.72	£216.81	£127.71	£105.66	£128.16	£506.25
County Court	£95.40	£238.46	£127.71	£105.66	£140.99	£556.88
High Court	£114.48	£286.16	£127.71	£105.66	£169.20	£668.25

Table 1 (b) Other Public Law cases - graduated fees

Court	Hearing Unit 1 (up to 1 hour)	Hearing Unit 2 (up to 2.5 hours)	Conference Fee	Opinion Fee	Advocates’ Meeting Fee	Final Hearing Fee (per day)
Family Proceedings Court	£75.83	£189.59	£127.71	£105.66	£128.16	£464.31
County Court	£83.39	£208.53	£127.71	£105.66	£140.99	£510.75
High Court	£100.08	£250.20	£127.71	£105.66	£169.20	£612.90

Table 1 (c) Public Law – bolt-on fees

Category	Payable For	Fee Payable
Client - Allegations of Harm	Hearings	25% of Hearing Unit Fee
Client - Lack of understanding etc	Hearings	25% of Hearing Unit Fee
Expert’s cross examination	Hearings	25% of Hearing Unit Fee
Court bundle payments	Hearings	See table below
Exceptional travel fee	Hearings Advocates’ Meetings and Conferences	£32.04

Table 1 (d) Public Law – bolt-on fees - court bundle payments

	CB1 (350-700 pages)	CB2 (701-1,400 pages)	CB3 (over 1,400 pages)
Interim Hearing	£59.40	£89.10	£89.10
Final Hearing	£159.30	£239.40	£318.60

2 – Private Law Advocacy Fees

Table 2 (a) Private law children - graduated fees

Court	Hearing Unit 1 (up to 1 hour)	Hearing Unit 2 (up to 2.5 hours)	Conference Fee	Opinion Fee	Final hearing fee (per day)
Family Proceedings Court	£62.69	£156.74	£125.37	£94.05	£397.04
County Court	£68.94	£172.40	£125.37	£94.05	£436.73
High Court	£82.76	£206.87	£125.37	£94.05	£524.07

Table 2 (b) Domestic abuse – graduated fees

Court	Hearing Unit 1 (up to 1 hour)	Hearing Unit (up to 2.5 hours)	Final hearing fee (per day)
Family Proceedings Court	£81.50	£203.76	£361.17
County Court	£81.50	£203.76	£361.17
High Court	£81.50	£203.76	£361.17

Table 2 (c) Private Law Finance – graduated fees

Court	Hearing Unit 1 (up to 1 hour)	Hearing Unit 2 (up to 2.5 hours)	Financial Dispute Resolution Hearing Unit 1	Financial Dispute Resolution Hearing Unit 2	Early resolution fee	Conference Fee	Opinion Fee	Final hearing fee (per day
County Court	£63.18	£157.95	£101.07	£252.72	£126.36	£126.36	£94.77	£443.70
High Court	£75.83	£189.54	£121.32	£303.26	£151.65	£126.36	£94.77	£532.44

Table 2 (d) Private Law – bolt-on fees

Bolt-on Fee	Payable For	Fee Payable
Client - Allegations of Harm	Private Law Children Hearings	25% of Hearing Unit Fee
Expert’s cross examination	Private Law Children Hearings	20% of Hearing Unit Fee
Early resolution fee	Private Law Children Hearings	See Private Law Finance table above
Court bundle payments	Private Law Children or Finance Hearings	See table below
Exceptional travel fee	Hearings and Conferences	£32.04

Table 2 (e) Private law children and finance – bolt-on fees - court bundle payment

	CB1 (350-700 pages)	CB2 (701-1,400 pages)	CB3 (over 1,400 pages)
Interim Hearing	£59.40	£89.10	£89.10
Final Hearing	£159.30	£239.40	£318.60

”

“SCHEDULE 6

Experts’ Fees and Rates

Article 5

Section 1

Table

Expert	Non- London Hourly Rate or fixed fee	London Hourly Rate or fixed fee	Comments
A&E consultant	£126	£135
Accident reconstruction	£90	£68
Accountant	£50 - £135	£50 - £144	Partner £144, Manager £108, Accountant £80, General staff £50
Anaesthetist	£135	£135
Architect	£99	£90
Cardiologist	£144	£144
Cell telephone site analysis	£90	£90
Child psychiatrist	£135	£90
Child psychologist	£126	£90
Computer expert	£90	£90
Consultant engineer	£90	£68
Dentist	£117	£117
Dermatologist	£108	£108
Disability consultant	£68	£68
DNA (per person) – testing of sample	£315 per test	£315 per test
DNA (per person) – preparation of report	£90	£90
Doctor (GP)	£99	£90
Employment consultant	£68	£68
Enquiry agent	£32	£23
ENT surgeon	£126	£126
General surgeon	£135	£90
Geneticist	£108	£108
GP (records report)	£63 fixed fee	£90 fixed fee
Gynaecologist	£135	£90
Haematologist	£122	£90
Handwriting expert	£90	£90
Interpreter	£32	£25
Lip reader / Signer	£72	£41
Mediator	£126	£126
Medical consultant	£135	£90
Medical microbiologist	£135	£135
Meteorologist	£126	£180 fixed fee
Midwife	£90	£90
Neonatologist	£135	£135
Neurologist	£153	£90
Neuropsychiatrist	£158	£90
Neuroradiologist	£171	£171
Neurosurgeon	£171	£90
Nursing expert	£81	£81
Obstetrician	£135	£135
Occupational therapist	£68	£68
Oncologist	£140	£140
Orthopaedic surgeon	£144	£144
Paediatrician	£135	£90
Pathologist	£153	£540 fixed fee
Pharmacologist	£122	£122
Photographer	£32	£23
Physiotherapist	£81	£81
Plastic surgeon	£135	£135
Process server	£32	£23
Psychiatrist	£135	£90
Psychologist	£117	£90
Radiologist	£135	£135
Rheumatologist	£135	£135
Risk assessment expert	£63	£63
Speech therapist	£99	£99
Surveyor	£50	£50
Telecoms expert	£90	£90
Toxicologist	£135	£135
Urologist	£135	£135
Vet	£90	£90
Voice recognition	£117	£90

Section 2

(Provisions relating to experts)

Payment of expert services of a type not listed in Section 1

1.

(1)

This paragraph applies where the Commission receives a request for funding of an expert service of a type not listed in Section 1.

(2)

In considering the rate at which to fund the expert service the Commission—

(a)

must have regard to the rates set out in Section 1; and

(b)

may require a number of quotes for provision of the service to be submitted to the Commission.

Meaning of exceptional circumstances in article 5(2)(e)(ii)

2.

For the purposes of article 5(2)(e)(ii), exceptional circumstances are where the expert’s evidence is key to the client’s case and either—

(a)

the complexity of the material is such that an expert with a high level of seniority is required; or

(b)

the material is of such a specialised and unusual nature that only very few experts are available to provide the necessary evidence.

General provisions relating to experts

3.

(1)

The costs and expenses relating to experts listed at sub-paragraph (2) are not payable by the Commission as disbursements.

(2)

The costs and expenses are—

(a)

any administration fee charged by an expert, including (but not limited to)—

(i)

a fee in respect of office space or provision of a consultation room;

(ii)

a fee in respect of administrative support services, such as typing services;

(iii)

a fee in respect of courier services; and

(iv)

a subsistence fee;

(b)

any cancellation fee charged by an expert, where the notice of cancellation was given to the expert more than 72 hours before the relevant hearing or appointment.

4.

The maximum amount that the Commission may pay as a disbursement in respect of an expert’s vehicle mileage is £0.45 per mile.

5.

The maximum amount that the Commission may pay as a disbursement in respect of an expert’s travel time is £40.00 per hour.

SCHEDULE 7

Remuneration of barristers in independent practice

Article 5C

Table

Category	Hourly Rate
Junior counsel in the County Court	£112.50 (Non-London Rate) £135 (London Rate)
Senior counsel alone or leading in the High Court	£135
Led junior counsel in the High Court, Court of Appeal or the Supreme Court	£112.50
Leading senior counsel in the Court of Appeal	£157.50
Queen’s Counsel (where approved for briefing or instruction by the Commission) in the High Court or Court of Appeal.	£180
Leading senior counsel in the Supreme Court	£180
Queen’s Counsel (where approved for briefing or instruction by the Commission) in the Supreme Court	£225
Noter/Pupil/2nd led junior counsel	£36

”

(This note is not part of the Order)