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The Criminal Defence Service (Funding) (Amendment No. 3) Order 2010

S.I. 2010/1358 · Made 26 April 2010

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

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

  1. 1Citation, commencement and interpretation
  2. 2Citation, commencement and interpretation
  3. 3Amendments to the 2010 Order
  4. 4Amendments to the 2010 Order
  5. 5Amendments to the 2010 Order
  6. 6Amendments to the 2010 Order
  7. Signature
  8. 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 QCFee for leading juniorFee for junior aloneFee for led junior
1 – Daily and half-daily rates
Half-daily rate287215143143
Daily rate549382263263
2 – Pages of evidence
51-250716597478358
251-5001,074896716537
501-7501,4331,194955716
751-10002,1491,7911,4331,074
3 - Preparation
Hourly rates81624343

”

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 QCFee for leading juniorFee for junior aloneFee for led junior
1 – Daily and half-daily rates
Half-daily rate273205137137
Daily rate523364250250
2 – Pages of evidence
51-250683569455341
251-5001,024854683511
501-7501,3651,138910683
751-10002,0481,7061,3651,024
3 - Preparation
Hourly rates77594141

”

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 QCFee for leading juniorFee for junior aloneFee for led junior
1 – Daily and half-daily rates
Half-daily rate260195130130
Daily rate497346238238
2 – Pages of evidence
51-250649541433324
251-500973811649486
501-7501,2981,081865649
751-10001,9461,6221,298973
3 - Preparation
Hourly rates74563939

”

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.