{
  "url": "https://openlegislation.uk/criminal-defence-service-funding-order-2001/note",
  "json_url": "https://openlegislation.uk/criminal-defence-service-funding-order-2001/note.json",
  "legislation": "uksi/2001/855",
  "legislation_title": "The Criminal Defence Service (Funding) Order 2001",
  "legislation_url": "https://openlegislation.uk/criminal-defence-service-funding-order-2001",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Order)\nThis Order makes provision for the funding and remuneration of services provided under Part I of the Access to Justice Act 1999 as part of the Criminal Defence Service.\nIt provides that, subject to some exceptions, the Lord Chancellor (rather than the Legal Services Commission) shall fund representation in criminal proceedings in the House of Lords, Court of Appeal and Crown Court until 4th April 2005 as part of the Criminal Defence Service.\nIt makes provision, in Schedules 1 to 4, for the remuneration of those supplying those services. Those provisions draw to a large extent on the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989, which related to criminal representation provided under Part V of the Legal Aid Act 1988, and which are being superseded by this Order.\nSchedule 1 deals with the manner in which costs are to be determined and paid. There are specific provisions dealing with interim payments and staged payments in long trials. There are also provisions dealing with the redetermination of costs by an appropriate officer, appeals from the appropriate officer to a Costs Judge, and appeals from the Costs Judge to the High Court.\nSchedules 2 and 3 deal respectively with solicitors' fees, and counsel’s fees to which the fees in Schedule 4 do not apply. Schedule 4 deals with fees for advocacy in the Crown Court.\nThe Order provides that the Commission may fund services by making payments in respect of the provision of those services only where representation is provided in proceedings for contempt, and special provision is made for remuneration in respect of proceedings for contempt.\nWhere services are provided under the Criminal Defence Service under contract remuneration is limited to the rates set out in Part E of the Specification to the Legal Services Commission’s General Criminal Contract. Special maximum rates are provided for services in very high cost cases, funded by the Lord Chancellor, or provided under individual contracts.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2001/855/note",
    "retrieved_at": "2026-10-29T07:57:33.921504+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}