Article 5 Amendments to the Criminal Defence Service (Funding) Order 2001

at the beginning of sub-paragraph (1) insert—

“Subject to sub-paragraph (1A),”;

after sub-paragraph (1) insert—

“(1A)

No claim may be submitted for an interim payment in respect of work for which a graduated fee calculated in accordance with Schedule 4 Part 2 is payable and, if a claim is so submitted, no interim payment shall be allowed in respect of that work.”;

in sub-paragraph (2) insert “relevant” before “qualifying” wherever that word appears; and

for sub-paragraph (3) substitute—

“(3)

The qualifying period for the purposes of this paragraph shall be:

(a)

20 days for an interim payment allowed under sub-paragraph (2)(a); and

(b)

26 days for an interim payment allowed under sub-paragraph (2)(b) where a case does not qualify for a graduated fee under paragraph 2(2) of Schedule 4,

and a day shall qualify as part of the relevant qualifying period, whether or not the days within the qualifying period are continuous, if the hearing begins at any time on that day.”.