The Criminal Defence Service (Funding) (Amendment No. 3) Order 2010
S.I. 2010/1358 · Made 26 April 2010
This Statutory Instrument has been made to correct errors in S.I. 2010/1181 and is being issued free of charge to all known recipients of that Statutory Instrument.
Legal Services Commission, England And Wales
Made at 11.30 a.m. on 26th April 2010
Coming into force in accordance with article 1
To be laid before Parliament
The Lord Chancellor makes this Order in exercise of the powers conferred by sections 14(3) and 25(8A) of the Access to Justice Act 1999f1.
He has consulted the General Council of the Bar and the Law Society in accordance with section 25(2) of that Act and has had regard to the matters specified in section 25(3) of that Act.
Annotations to the whole text
Footnotes
- f1
-
1999 c. 22: section 25(8A) was inserted by section 153(3) of the Coroners and Justice Act 2009 (c. 25). The reference in section 14(3) to the Lord Chancellor was changed to the Secretary of State by S.I. 2003/1887 and changed back to the Lord Chancellor by S.I. 2005/3429.
Contents
- 1Citation, commencement and interpretation
- 2Citation, commencement and interpretation
- 3Amendments to the 2010 Order
- 4Amendments to the 2010 Order
- 5Amendments to the 2010 Order
- 6Amendments to the 2010 Order
- Signature
- Explanatory note
1Citation, commencement and interpretation
This Order may be cited as the Criminal Defence Service (Funding) (Amendment No. 3) Order 2010 and comes into force immediately before 27th April 2010.
2Citation, commencement and interpretation
In this Order “the 2010 Order” means the Criminal Defence Service (Funding) (Amendment No. 2) Order 2010f1.
3Amendments to the 2010 Order
The 2010 Order is amended in accordance with articles 4 to 6.
4Amendments to the 2010 Order
In Schedule 1 to the 2010 Order for the table in Part 3 substitute—
“
Fees for confiscation hearings (£)
Fee for QC Fee for leading junior Fee for junior alone Fee for led junior 1 – Daily and half-daily rates Half-daily rate 287 215 143 143 Daily rate 549 382 263 263 2 – Pages of evidence 51-250 716 597 478 358 251-500 1,074 896 716 537 501-750 1,433 1,194 955 716 751-1000 2,149 1,791 1,433 1,074 3 - Preparation Hourly rates 81 62 43 43 ”
5Amendments to the 2010 Order
In Schedule 2 to the 2010 Order for the table in Part 3 substitute—
“
Fees for confiscation hearings (£)
Fee for QC Fee for leading junior Fee for junior alone Fee for led junior 1 – Daily and half-daily rates Half-daily rate 273 205 137 137 Daily rate 523 364 250 250 2 – Pages of evidence 51-250 683 569 455 341 251-500 1,024 854 683 511 501-750 1,365 1,138 910 683 751-1000 2,048 1,706 1,365 1,024 3 - Preparation Hourly rates 77 59 41 41 ”
6Amendments to the 2010 Order
In Schedule 3 to the 2010 Order for the table in Part 3 substitute—
“
Fees for confiscation hearings (£)
Fee for QC Fee for leading junior Fee for junior alone Fee for led junior 1 – Daily and half-daily rates Half-daily rate 260 195 130 130 Daily rate 497 346 238 238 2 – Pages of evidence 51-250 649 541 433 324 251-500 973 811 649 486 501-750 1,298 1,081 865 649 751-1000 1,946 1,622 1,298 973 3 - Preparation Hourly rates 74 56 39 39 ”
Signature
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
26th April 2010
Explanatory note
(This note is not part of the Order)
This Order amends the Criminal Defence Service (Funding) (Amendment No. 2) Order 2010, to correct errors in that Order. That Order amends the fees that are payable by the Legal Services Commission to advocates under the Criminal Defence Service (Funding) Order 2007 (S.I. 2007/1174) and changes the definition of Very High Cost Cases in relation to advocates.
Following a public consultation, a decision was taken to reduce fees in the Advocates Graduated Fee Scheme by 13.5% over 3 years, with a 4.5% reduction each year. Because of errors in the relevant tables, the 2010 Order does not achieve this intention in relation to fees for confiscation hearings; the effect of the errors is that instead of fees for those hearings being reduced by 4.5% in the first year, they are held at existing levels, with reductions starting from April 2011 rather than April 2010 as intended.
This Order rectifies the errors by inserting the correct fee tables for confiscation hearings into the 2010 Order on 26th April 2010,just before the relevant provisions of that Order come into force thus ensuring that the correct fees will be payable from the outset.
An impact assessment relating to the fee changes has been published by the Ministry of Justice and the Legal Services Commission as part of their joint consultation response, “Legal Aid: Reforming Advocates Graduated Fees and Very High Cost (Crime) Cases 2010” and is available from the Ministry of Justice, 102 Petty France, London, SW1H 9AJ or at www.legalservices.gov.uk.
As this Statutory Instrument has been made to correct errors in the 2010 Order, it is being issued free of charge to all known recipients of that Order.