Paragraph 3 Allowance of standard fees

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

sch 2 am (with transtl provns) by Criminal Defence Service (Funding) 2006 art 4
Sch 2, Pt 1, para 4 am by Criminal Defence Service (Funding) 2005 arts 3, 5(a)
Sch 2, Pt 1, para 4 rev in pt by Criminal Defence Service (Funding) 2005 arts 3, 5(b), (c)
Sch. 2 Pt. 2 para. 1(5) words substituted by Criminal Defence Service (Funding) 2004 art. 6(a)
Sch. 2 Pt. 2 para. 1(5) words substituted by Criminal Defence Service (Funding) 2004 art. 6(b)

(1)

Where a solicitor:

(a)

submits a claim for determination under paragraph 12 of Schedule 1 in a case to which paragraph 1(2) applies; or

(b)

disputes the allowance of the lower standard fee and provides a detailed claim under paragraph 2(2)(c) or (3)(b)

the appropriate officer shall first determine fees for preparation work within the meaning of paragraph 4(2)(a) of this Part of this Schedule.

(2)

If the fees so determined are:

(a)

less than the lower fee limit, the appropriate officer shall allow and pay the lower standard fee together with the standard fees for all other classes of work specified in paragraph 4(2);

(b)

not less than the lower fee limit and not more than the upper fee limit, the appropriate officer shall allow and pay the principal standard fee together with the standard fees for all other classes of works specified in paragraph 4(2);

(c)

more than the upper fee limit, no standard fees shall be payable and all fees shall be determined in accordance with paragraph 12 of Schedule 1.