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

S.I. 2010/1358 · made 26 April 2010

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.

Made under: Access to Justice Act 1999 (Section 14, Section 25)

PDFs: Printed copy https://openlegislation.uk/criminal-defence-service-funding-amendment-no-3-order-2010/pdf/uksi_20101358_en.pdf; Explanatory Memorandum https://openlegislation.uk/criminal-defence-service-funding-amendment-no-3-order-2010/pdf/uksiem_20101358_en.pdf

## Introductory text

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 1999.
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.

## 1 Citation, 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.

## 2 Citation, commencement and interpretation

In this Order “the 2010 Order” means the Criminal Defence Service (Funding) (Amendment No. 2) Order 2010.

## 3 Amendments to the 2010 Order

The 2010 Order is amended in accordance with articles 4 to 6.

## 4 Amendments 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
”

## 5 Amendments 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
”

## 6 Amendments 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.

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Source: https://www.legislation.gov.uk/uksi/2010/1358 (the official version)
Page: https://openlegislation.uk/criminal-defence-service-funding-amendment-no-3-order-2010
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.