Explanatory note

This Order amends the Community Legal Service (Funding) Order 2007 (S.I. 2007/2441) which sets out the remuneration rates payable for funded services under the Access to Justice Act 1999 (c. 22).

Article 2(1) to (8), and (11) and (13) make amendments which are consequential on the introduction of the new single family court by the Crime and Courts Act 2013 (c. 22), and other minor amendments reflecting developments in family procedure. Articles 2(1) to (8), and (11) and (13) amend the provisions governing remuneration for matters heard before the family court. Previously, remuneration varied according to the court before which proceedings were heard, such as the county court or magistrates’ court. Now, most family matters will be heard by judges sitting in the family court. The amendments align remuneration with the new structure and jurisdiction of the family court. As a result, fees vary according to the person or court before whom proceedings are heard. Article 2(2)(b) and (g) makes a minor amendment to the definition of “advocate’s meeting” to reflect the current procedures relevant to family proceedings.

Article 2(9), (10), (12) and (14) to (20) make amendments to the Legal Aid Family Advocacy Scheme which are consequential on changes to Practice Direction (PD) 27A – Family Proceedings: Court Bundles (universal practice to be applied in the High Court and Family Court) supporting the Family Procedure Rules 2010. Under the current Legal Aid Family Advocacy Scheme, a bolt-on fee is payable to an advocate where the court bundle for a hearing exceeds a certain size. Changes to PD27A introduced a cap on the size of court bundles, meaning that fewer cases would be eligible for the current bundle bolt-on fee. These amendments introduce the concept of an “advocate’s bundle” and provide for bundle bolt-on fees to be based on the size of the advocate’s bundle instead of the court bundle.

Article 3 makes transitional provision providing that the amendments made by articles 2(9), (10), (12) and (14) to (20) only apply to determination of claims which take place on or after 31st July 2014.

A full impact assessment of the policy implemented by articles 2(1) to (8) and (11) and (13) has not been produced for this instrument, as no impact on the private or voluntary sectors is foreseen. However, the policy implemented by the amendments was consulted on in Supporting the introduction of the single Family Court – Proposed changes to Family legal aid remuneration schemes, available at https://consult.justice.gov.uk/.

A full impact assessment of the policy implemented by article 2(9), (10), (12) and (14) to (20) and article 3 was produced with the Government’s consultation response, Court bundles – Changes to the family legal aid remuneration schemes and is available at https://consult.justice.gov.uk/.