# The Legal Aid in Family Proceedings (Remuneration) (Amendment) Regulations 2007 S.I. 2007/742 · made 8 March 2007 These Regulations, which amend the Legal Aid in Family Proceedings (Remuneration) Regulations 1991, introduce new rates of remuneration for representation in prescribed family proceedings. The rates will apply to representation which is still being provided by suppliers with a family contract with the Legal Services Commission, under Part IV of the Legal Aid Act 1988 and to representation in family proceedings provided under contract as part of the Community Legal Service, under Part I of the Access to Justice Act 1999. Made under: Legal Aid Act 1988 (Section 34, Section 43) PDFs: Printed copy https://openlegislation.uk/legal-aid-in-family-proceedings-remuneration-amendment-regulations-2007/pdf/uksi_20070742_en.pdf; Explanatory Memorandum https://openlegislation.uk/legal-aid-in-family-proceedings-remuneration-amendment-regulations-2007/pdf/uksiem_20070742_en.pdf ## Introductory text Legal AID AND ADVICE, England and Wales Made 8th March 2007 Laid before Parliament 9th March 2007 Coming into force 2nd April 2007 These Regulations are made in exercise of the powers conferred by sections 34 and 43 of the Legal Aid Act 1988. The Lord Chancellor has consulted the General Council of the Bar and the Law Society in accordance with that Act and has had regard to the matters specified in section 34(9) of that Act. With the consent of the Treasury the Lord Chancellor makes the following Regulations: ## 1 Citation, commencement and interpretation (1) These Regulations may be cited as the Legal Aid in Family Proceedings (Remuneration) (Amendment) Regulations 2007 and come into force on 2nd April 2007. (2) In these Regulations, any reference to a regulation or Schedule by number alone is a reference to the regulation or Schedule so numbered in the Legal Aid in Family Proceedings (Remuneration) Regulations 1991. (3) In these Regulations, “funded services” means services which are granted by the Legal Services Commission as part of the Community Legal Service under sections 4 to 11 of the Access to Justice Act 1999. ## 2 Transitional provision These Regulations shall apply to all work carried out on or after 2nd April 2007 where the funded services are granted on or after 2nd April 2007. ## 3 Transitional provision In relation to—— (a) work carried out before 2nd April 2007, and (b) work carried out after that date where the funded services are granted before that date, the Legal Aid in Family Proceedings (Remuneration) Regulations 1991 shall have effect as if these Regulations had not been made. ## 4 Amendments to the Legal Aid in Family Proceedings (Remuneration) Regulations 1991 In regulation 3, for all references to “2A(a)” substitute “2A”. ## 5 Amendments to the Legal Aid in Family Proceedings (Remuneration) Regulations 1991 For Schedule 2A substitute the Schedule 2A as set out in the Schedule to these Regulations. ## Signature Signed by authority of the Lord Chancellor Vera Baird Parliamentary Under Secretary of State Department for Constitutional Affairs 6th March 2007 We consent Frank Roy Claire Ward Two of the Lords Commissioners of Her Majesty’s Treasury 8th March 2007 ## “SCHEDULE 2A PRESCRIBED FAMILY PROCEEDINGS PART 1 PREPARATION High Court, county court and magistrates’ court proceedings High Court County court and magistrates’ court 1. Writing routine letters £7.05 per item £6 per item 2. Receiving routine letters £3.50 per item £3 per item 3. Routine telephone calls £7.05 per item £6 per item 4. All other preparation work including any work which was reasonably done arising out of or incidental to the proceedings, interviews with client, witnesses, and other parties; obtaining evidence; preparation and consideration of, and dealing with, documents, negotiations and notices; dealing with letters written and received and telephone calls which are not routine Where proceedings were conducted in the divorce registry or in another court on the South Eastern Circuit at the time when the relevant work was done: £78.40 per hour All other circuits: £73.05 per hour Where the fee earner’s office is situated on the South Eastern Circuit: £66 per hour Where the fee earner’s office is situated outside the South Eastern Circuit: £61 per hour 6. Travelling and waiting £35.75 per hour Where the fee earner’s office is situated on the South Eastern Circuit: £32 per hour Where the fee earner’s office is situated outside the South Eastern Circuit: £31 per hour PART II CONFERENCES WITH COUNSEL High Court County court and magistrates’ court 7. Attending counsel in conference £41.25 per hour £36 per hour 8. Travelling and waiting £35.75 per hour Where the fee earner’s office is situated on the South Eastern Circuit: £32 per hour Where the fee earner’s office is situated outside the South Eastern Circuit: £31 per hour PART III ATTENDANCES High Court County court and magistrates’ court 9. Attending with counsel at the trial or hearing of any cause or the hearing of any summons or other application at court, or other appointment £41.25 per hour £36 per hour 10. Attending without counsel at the trial or hearing of any cause or the hearing of any summons or other application at court, or other appointment Where proceedings were conducted in the divorce registry or in another court on the South Eastern Circuit at the time when the relevant work was done: £78 per hour All other circuits: £73.07 per hour Where the fee earner’s office is situated on the South Eastern Circuit: £66 per hour Where the fee earner’s office is situated outside the South Eastern Circuit: £63 per hour 11. Travelling and waiting £35.75 per hour Where the fee earner’s office is situated on the South Eastern Circuit: £32 per hour Where the fee earner’s office is situated outside the South Eastern Circuit: £31 per hour PART V DETAILED ASSESSMENT AND APPEAL IN RELATION TO DETAILED ASSESSMENT High Court County court and magistrates’ court 12. Preparing the bill (where allowable) and completing the detailed assessment (excluding preparing for and attending the hearing of the detailed assessment) £35.70 - £99.85 £35.70 - £56.95 13. Preparing for and attending the hearing of the detailed assessment (including travelling and waiting) Discretionary Discretionary 14. Appeal to costs judge, district judge or judge (including preparation) Discretionary Discretionary ” ## Explanatory note (This note is not part of the Regulations) These Regulations, which amend the Legal Aid in Family Proceedings (Remuneration) Regulations 1991, introduce new rates of remuneration for representation in prescribed family proceedings. The rates will apply to representation which is still being provided by suppliers with a family contract with the Legal Services Commission, under Part IV of the Legal Aid Act 1988 and to representation in family proceedings provided under contract as part of the Community Legal Service, under Part I of the Access to Justice Act 1999. The revised rates apply in both county courts and magistrates’ courts, so that the rates of remuneration in these courts are now the same. An impact assessment has been prepared and was included in the full Regulatory Impact Assessment which accompanied the document ‘Legal Aid Reform: the Way Ahead’. A copy is available from Civil Legal Aid Strategy Division, Department for Constitutional Affairs, 54 Victoria Street, London, SW1E 6QW and can also be found at http://www.dca.gov.uk/laid/legaid/ria-legal-aid-reform.pdf. --- Source: https://www.legislation.gov.uk/uksi/2007/742 (the official version) Page: https://openlegislation.uk/legal-aid-in-family-proceedings-remuneration-amendment-regulations-2007 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.