# The Civil Legal Aid (Remuneration) Regulations 2013

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Statutory Instruments

# 2013 No. 422

Legal Aid And Advice, England And Wales

# The Civil Legal Aid (Remuneration) Regulations 2013

Made

25th February 2013

Laid before Parliament

28th February 2013

Coming into force

1st April 2013

The Lord Chancellor makes the following Regulations F1 in exercise of the powers conferred by sections 2(3), 5(2), 5(4) and 41(1) to (3) of the Legal Aid, Sentencing and Punishment                           of Offenders Act 2012 F2.                        

F1Section 42(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) provides that in Part 1 of that Act “regulations” means regulations made by the Lord Chancellor.

F22012 c. 10.

## Citation and commencementE+W

1.  These Regulations may be cited as the Civil Legal Aid (Remuneration) Regulations 2013 and come into force on 1st April 2013.                  

## InterpretationE+W

2.—(1) In these Regulations—                  

“the Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012;                  

“advocate” means a person who exercises a right of audience before a court, tribunal or other person and “advocacy” means the exercise of such a right;                  

“advocates' meeting” means an advocates' meeting directed by the court pursuant to the outline set out in the table following                     paragraph 10 of Practice Direction 12A (Public Law Proceedings Guide to Case Management: April 2010) to the Family Procedure                     Rules 2010 F3;                  

“advocacy services” means work done—                  

by an advocate at a court hearing;

by an advocate, as such, in connection with an advocates' meeting;

by counsel in connection with a conference; and

by counsel in connection with an opinion,

and fees and rates for advocacy services include, unless different provision is made in these Regulations, remuneration for                     preparatory work, attendances, travelling and waiting in relation to those services;                  

“Category Definition” means one of the Category Definitions that form part of the 2010 Standard Civil Contract or the 2013 Standard Civil Contract;                  

“Controlled Work” has the same meaning as in regulation 21(2) of the Civil Legal Aid (Procedure) Regulations 2012 F4;                  

“counsel” means—                  

a barrister in independent practice; and

a solicitor or Fellow of the Institute of Legal Executives who does not work in a partnership and who is not a party to the                              relevant contract;                           

“family proceedings” means proceedings which arise out of family relationships, and includes proceedings in which the welfare of children is                     determined, and includes proceedings under the following—                  

the Matrimonial Causes Act 1973 F5;                           

the Adoption Act 1976 F6;                           

the Domestic Proceedings and Magistrates' Courts Act 1978 F7;                           

Part III (financial relief in England and Wales after overseas divorce etc) of the Matrimonial and Family Proceedings Act                              1984 F8;                           

Parts I to V (introductory, orders with respect to children in family proceedings, local authority support for children and                              families, care and supervision, protection of children) of the Children Act 1989 F9;                           

Part IV (family homes and domestic violence) of the Family Law Act 1996 F10;                           

the Adoption and Children Act 2002 F11;                           

the Civil Partnership Act 2004 F12; and                           

the inherent jurisdiction of the High Court in relation to children,

but does not include judicial review proceedings, proceedings under the Inheritance (Provision for Family and Dependants)                     Act 1975 F13 or proceedings under the Trusts of Land and Appointment of Trustees Act 1996 F14;                  

“legally aided person” means a person for whom civil legal services are made available under arrangements made for the purposes of Part 1 of the                     Act and “client” has the same meaning;                  

“provider” means a party, other than the Lord Chancellor, to the relevant contract;                  

“the relevant contract” means whichever of the 2010 Standard Civil Contract, the 2013 Standard Civil Contract or the 2013 Individual Case Contract                     (Civil) governs the provision of civil legal services for which remuneration is claimed; and                  

“the 2010 Standard Civil Contract”, “the 2013 Standard Civil Contract”, the “2013 Individual Case Contract (Civil)” and “the                     2013 Individual Case Contract (High Cost Civil)” mean the contracts so named between the Lord Chancellor and a provider of                     civil legal services F15 under Part 1 of the Act (legal aid).                  

(2) A reference in these Regulations to the following forms of civil legal services—

(a)legal help;                  

(b)help at court;                  

(c)family help;                  

(d)family mediation;                  

(e)help with family mediation;                  

(f)legal representation; and                  

(g)other legal services,                  

is to the provision of those forms of service as defined in Part 2 of the Civil Legal Aid (Merits Criteria) Regulations 2013                     F16.                  

F3S.I. 2010/2955. Practice Direction 12A came into effect on 6th April 2010 and replaced the Practice Direction Guide to Case Management in                              Public Law Proceedings dated April 2008.

F4S.I. 2012/3098.

F51973 c. 18.

F61976 c. 36.

F71978 c. 22.

F81984 c. 42.

F91989 c. 41.

F101996 c. 27.

F112002 c. 38.

F122004 c. 33.

F131975 c. 63.

F141996 c. 47.

F15The contracts are available at www.justice.gov.uk/legal-aid. Copies can be inspected at the Legal Aid Agency (Head Office)                              at 102 Petty France, London SW1H 9AJ.

F16S.I. 2013/104.

## Value Added TaxE+W

3.  All rates and fees set out in the Schedules are exclusive of value added tax.                  

## DelegationE+W

4.  A function of the Lord Chancellor under these Regulations may be exercised by, or by an employee of, a person authorised for                     that purpose by the Lord Chancellor F17.                  

F17Section 6 (authorisations) of the Act makes provision for authorisations given for the purpose of section 5 (delegation) of the Act                              or regulations under that section.

## Non application to civil legal services provided under certain contractsE+W

5.—(1) Regulations 6 to 11 are subject to this regulation.                  

(2) These Regulations do not apply to the payment of remuneration by the Lord Chancellor to persons who provide civil legal services                     where the provision of those services is governed by a contract between a person and the Lord Chancellor which has been awarded                     as part of any pilot which provides for remuneration by way of one or more standard fees.                  

(3) With the exception of regulations 7 and 10, these Regulations do not apply to the payment of remuneration by the Lord Chancellor                     to persons who provide civil legal services where the provision of those services is governed by a contract between a person                     and the Lord Chancellor which has been awarded after competitive tendering as to price has taken place.                  

(4) With the exception of regulation 10, these Regulations do not apply to the payment of remuneration by the Lord Chancellor                     to persons who provide civil legal services where the provision of those services is governed by the Individual Case Contract                     (High Cost Civil).                  

(5) Where paragraph (3) applies, the reference in regulation 10(a) to “the relevant contract” is to the contract between a person                     and the Lord Chancellor which has been awarded after competitive tendering as to price has taken place.                  

(6) Where paragraph (4) applies, the reference in regulation 10(a) to “the relevant contract” is to the Individual Case Contract                     (High Cost Civil).                  

## Remuneration for civil legal services: generalE+W

6.—(1) This regulation applies to the payment by the Lord Chancellor of remuneration to providers of civil legal services other than—                  

(a)advocacy services in family proceedings; or                  

(b)civil legal services in relation to inquests.                  

(2) The Lord Chancellor must pay remuneration to a provider of civil legal services in accordance with—

(a)the relevant contract; and                  

(b)subject to paragraph (3), the fees and rates set out in Schedule 1.                  

(3) The Lord Chancellor may pay a percentage enhancement to the hourly rates set out in Schedule 1, but the percentage enhancement                     must not exceed—                  

(a)100% for proceedings in the Upper Tribunal, High Court, Court of Appeal or the Supreme Court; and                  

(b)50% for all other proceedings.                  

## 

7.—(1) This regulation applies to the payment by the Lord Chancellor of remuneration for civil legal services provided by barristers                     in independent practice where the civil legal services—                  

(a)are in relation to work that is not Controlled Work; and                  

(b)are not—                  

(i)advocacy services in family proceedings; or                  

(ii)other legal services in relation to inquests.                  

(2) Subject to paragraphs (3) and (4), the Lord Chancellor must pay remuneration for civil legal services to which this regulation                     applies in accordance with the rates set out in Schedule 2.                  

(3) The Lord Chancellor may increase the hourly rate for junior counsel in county court proceedings set out in Schedule 2 if the                     Lord Chancellor considers it reasonable to do so.                  

(4) Where a barrister in independent practice provides civil legal services in a category not listed in the Table in Schedule                     2, in considering the rate at which to remunerate the barrister for the services provided, the Lord Chancellor must have regard                     to the rates set out in that Table.                  

(5) For the purpose of this regulation and Schedule 2—

(a)“junior counsel” means a barrister in independent practice of less than 10 years call; and                  

(b)“senior counsel” means a barrister in independent practice of 10 years call or more.                  

## Remuneration: advocacy services in family proceedingsE+W

8.—(1) This regulation applies to the payment by the Lord Chancellor of remuneration for the provision of advocacy services in family                     proceedings.                  

(2) Subject to paragraph (3), the Lord Chancellor must pay remuneration for advocacy services in family proceedings in accordance                     with—                  

(a)the relevant contract; and                  

(b)the fees and rates set out in Schedule 3.                  

(3) The Lord Chancellor must pay remuneration, other than to counsel, for advocacy services in family proceedings provided in                     the circumstances described in paragraph (4) in accordance with—                  

(a)the relevant contract; and                  

(b)the relevant hourly rates set out in Schedule 1.                  

(4) The circumstances referred to in paragraph (3) are where advocacy services are provided—

(a)to any party in child abduction proceedings;                  

(b)in proceedings under Part IVA (forced marriage) of the Family Law Act 1996 F18;                  

(c)in defended proceedings for divorce or judicial separation, for dissolution of a civil partnership or the legal separation                        of civil partners;                  

(d)in proceedings for the nullity of marriage or annulment of a civil partnership;                  

(e)in applications for a parental order under the Human Fertilisation and Embryology Act 2008 F19;                  

(f)in proceedings under the inherent jurisdiction of the High Court in relation to children;                  

(g)where the advocate separately represents a child in proceedings which are neither specified proceedings within the meaning                        of section 41(6) of the Children Act 1989 nor are heard together with such proceedings;                  

(h)in proceedings in the Court of Appeal or the Supreme Court;                  

(i)in a final appeal; or                  

(j)by Queen's Counsel acting as such under a prior authority given by the Lord Chancellor under the relevant contract.                  

(5) In paragraph (4), “final appeal” means any appeal against a final order in family proceedings but does not include—                  

(a)an application to the court of first instance for permission to appeal; and                  

(b)advice on the merits of appealing against a final order.                  

(6) Where advocacy services in the circumstances described in paragraph (4) are provided by counsel, the Lord Chancellor must                     pay remuneration to counsel in accordance with the relevant contract.                  

(7) In circumstances where the relevant contract requires the amount of remuneration payable to counsel to be determined having                     regard to matters including the remuneration that would have been payable had the services been remunerated under the provisions                     of the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001 F20, in deciding the amount of remuneration to pay to counsel under paragraph (6) the Lord Chancellor must reduce by 10% the                     remuneration that would have been payable under that Order.                  

F18Part IVA was inserted by section 1 of the Forced Marriage (Civil Protection) Act 2007 (c.20).

F192008 c. 22.

F20S.I. 2001/1077; revoked by article 9(1) of S.I. 2011/1027 subject to savings set out in article 9(2).

## Remuneration for civil legal services: inquestsE+W

9.—(1) This regulation applies to the payment by the Lord Chancellor of remuneration for civil legal services provided in relation                     to inquests.                  

(2) The Lord Chancellor must pay remuneration to the provider of civil legal services in relation to an inquest in the form of                     legal help in accordance with—                  

(a)the relevant contract; and                  

(b)the fees and rates in Part 1 and Part 2 of Schedule 1 that are applicable to the Category Definition most relevant to the                        circumstances giving rise to the inquest.                  

(3) The Lord Chancellor must pay remuneration for civil legal services provided in relation to an inquest in the form of other                     legal services in accordance with—                  

(a)the relevant contract; and                  

(b)subject to paragraph (4), the rates set out in Schedule 4.                  

(4) If, due to exceptional circumstances, the Lord Chancellor considers it reasonable to do so, instead of paying remuneration                     in accordance with the rates set out in Schedule 4, the Lord Chancellor may pay remuneration—                  

(a)to organisations, in accordance with the payment rates set out in Section 7 of the 2010 VHCC Contract (for organisations);                        and                  

(b)to self-employed advocates, in accordance with the payment rates set out in Section 7 of the 2010 VHCC Contract (for self-employed                        advocates).                  

(5) In paragraph (4), “exceptional circumstances” must relate to one or more of the following—

(a)the unusual length of the inquest;                  

(b)the volume of material; or                  

(c)the complexity of the issues.                  

(6) In paragraph (4), “the 2010 VHCC Contract (for organisations)” and “the 2010 VHCC Contract (for self-employed advocates)” means the contracts so named between the Lord Chancellor and a person for the provision of representation for the purposes                     of criminal proceedings under section 16 of the Act F21.                  

F21The contracts are available at www.justice.gov.uk/legal-aid. Copies can be inspected at the Legal Aid Agency (Head Office)                              at 102 Petty France, London SW1H 9AJ.

## Remuneration: expert servicesE+W

10.  The Lord Chancellor must pay remuneration to a provider in relation to expert services incurred as a disbursement by the provider                     in accordance with—                  

(a)the relevant contract; and                  

(b)the provisions of Schedule 5.                  

## Payments on account by the Lord Chancellor direct to barristers in independent practiceE+W

11.—(1) Subject to paragraphs (5) and (6), where a provider has instructed a barrister in independent practice to carry out work that                     is not Controlled Work, the barrister may apply to the Lord Chancellor on a form approved by the Lord Chancellor for payment                     on account of remuneration for the civil legal services provided by the barrister where any of the conditions in paragraphs                     (2) to (4) apply.                  

(2) The first condition is that a period of 12, 24 or 36 months has elapsed since the date that the Director determined under                     section 9 of the Act that the legally aided person qualified for civil legal services.                  

(3) The second condition is that—

(a)the determination referred to in paragraph (2) related to proceedings that have continued for more than 12 months;                  

(b)it appears unlikely that an order will be made for the costs of the case to be assessed within the next 12 months; and                  

(c)delay in the assessment of costs will cause hardship to the barrister.                  

(4) The third condition is that the proceedings to which the determination referred to in paragraph (2) related have concluded                     or the provider is otherwise entitled to have the costs of the case assessed but the barrister has not been paid for at least                     six months since the provider was first so entitled.                  

(5) An application under paragraph (2) must be made within the period—

(a)beginning two months before one of the periods of time referred to in paragraph (2); and                  

(b)ending two months after that period.                  

(6) An application under paragraph (1) may not be made in respect of advocacy services in family proceedings.

## 

12.—(1) Where an application is made in accordance with regulation 11, the Lord Chancellor may pay the barrister up to 75% of the                     amount that the Lord Chancellor considers to be the barrister's reasonable fees.                  

(2) In deciding how much to pay under paragraph (1), the Lord Chancellor must take into account—

(a)any amounts that the Lord Chancellor has previously paid on account to the barrister; and                  

(b)any cost limitation to which the determination referred to in regulation 11(2) is subject.                  

(3) If a barrister's final fees are assessed at an amount less than the amount that the Lord Chancellor has paid to the barrister                     on account, the barrister must pay the difference to the Lord Chancellor.                  

Signed by authority of the Lord Chancellor

McNally

 Minister of State

 Ministry of Justice

25th February 2013

 Regulations 6, 8(3) and 9(2)

## SCHEDULE 1E+W

### InterpretationE+W

1.—(1) Unless different provision is made, words and expressions used in this Schedule have the same meaning as in the relevant contract.                  

(2) In this Schedule, “Mental Health Proceedings” means proceedings or potential proceedings before the First-tier Tribunal or the Mental Health Review Tribunal for Wales                     under any provision of the Mental Health Act 1983 F22 or paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 1984 F23.                  

(3) In Part 3 of this Schedule (Hourly Rates – Licensed Work) “Higher Courts” means as appropriate the Court of Protection, the Crown Court, the Employment Appeal Tribunal, the Upper Tribunal, the High                     Court, the Court of Appeal and the Supreme Court.                  

F221983 c. 20.

F231984 c. 47.

### **PART 1**E+WCivil Standard and Graduated Fees

#### Legal help and help at courtE+W

2.  The fees in Table 1 for Housing do not apply to the Housing Possession Court Duty Scheme. The fees for that Scheme are contained                     in Table 6 in this Part.                  

3.  In Table 1, “consumer general contract”, “employment” and “personal injury” have the same meanings as in the category definitions of the 2010 Standard Civil Contract in force on 31st March 2013 F24.E+W

#### Table 1

#### Table 2(a): Legal help

#### Family Public Law

#### Table 2(b): Family help (lower) - section 31 Children Act 1989 Care or Supervision proceedings only

#### Table 2(c): Legal representation – section 31 Children Act 1989 Care or Supervision proceedings only

#### Table 3(a): Legal help

#### Family Private Law

#### Table 3(b): Legal help – Divorce petition only

#### Table 3(c): Family help (lower) - Children

#### Table 3(d): Family help (lower) - Finance

#### Table 3(e): Help with family mediation

#### Table 3(f): Higher Standard Fee Scheme - Children

#### Table 3(g): Higher Standard Fee Scheme - Finance

#### Table 3(h): Higher Standard Fee Scheme – Domestic Abuse Proceedings

#### Table 4(a): Immigration and Asylum Standard Fees

#### Immigration and Asylum

#### Table 4(b): Additional Payment – UKBA Interview

#### Table 4(c): Additional Payments for Advocacy Services

#### Table 4(d): Immigration Removal Centres Standard Fees (for Exclusive Schedule Holders only)

#### Table 5(a): Basic Fees

#### Mental Health

#### Table 5(b): Additional Fees

#### Table 6: Standard Fee

#### Housing Possession Court Duty Scheme

F24The contract is available at www.justice.gov.uk/legal-aid. Copies can be inspected at the Legal Aid Agency (Head Office) at                              102 Petty France, London SW1H 9AJ.

### **PART 2**E+WHourly Rates – Controlled Work

#### Table 7(a): Immigration and Asylum Escape Fee cases, Mental Health, Actions Against the Police, Public Law, Education and                        Community Care                     

#### Legal help, help at court and family help (lower)

#### Table 7(b): Family and Housing (except as in Table 7(c)) and Miscellaneous (employment)

#### Table 7(c): Legal help or help at court provided in relation to a review under section 202 of the Housing Act 1996 and to                        a defendant to a possession claim in the County Court, family help (lower) and related legal help in relation to section 31                        of the Children Act 1989                     

#### Table 7(d): Immigration and Asylum hourly rates cases

#### Table 7(e): All other categories

#### Table 8(a): Immigration and Asylum – Escape Fee Cases

#### Controlled Legal Representation

#### Table 8(b): Immigration and Asylum Chamber of the Upper Tribunal cases where permission granted to Client (non Fast Track)

#### Table 8(c): Immigration and Asylum – Other Hourly Rates Cases

#### Table 8(d): Representation in Mental Health Proceedings

### **PART 3**E+WHourly Rates – Licensed Work

#### Table 9(a): Proceedings under Parts IV or V of the Children Act 1989, including proceedings under section 25 of that Act

#### Family Prescribed Rates

#### Table 9(b): Other Family Proceedings

#### Table 10(a): Higher Courts, County Courts and Magistrates' Courts for work carried out with Schedule Authorisation

#### Non Family Prescribed Rates

#### Table 10(b): Higher Courts, County Courts and Magistrates' Courts for work not carried out with Schedule Authorisation

#### Table 10(c): First-tier Tribunal

### **PART 4**E+WFamily Mediation Fees

#### Table 11(a): Assessment Meetings

#### Table 11(b): Mediation Fees

 Regulation 7

## SCHEDULE 2E+WRemuneration of barristers in independent practice in relation to work that is not Controlled Work, advocacy services in family                        proceedings or other legal services in relation to inquests

### Table

 Regulation 8(2)

## SCHEDULE 3E+WFamily Advocacy Scheme: Fees and Rates

### InterpretationE+W

1.  Unless different provision is made, words and expressions used in this Schedule have the same meaning as in the relevant contract.                  

### **PART 1**E+WPublic Law Advocacy Fees

#### Table 1(a): Care or supervision proceedings under section 31 of the Children Act 1989 – graduated fees

#### Table 1(b): Other Public Law Case – graduated fees

#### Table 1(c): Public Law – bolt-on fees

#### Table 1(d): Public Law – bolt-on fee – court bundle payments

### **PART 2**E+WPrivate Law Advocacy Fees

#### Table 2(a): Private Law Children – Graduated Fees

#### Table 2(b): Domestic Abuse – Graduated Fees

#### Table 2(c): Private Law Finance – Graduated Fees

#### Table 2(d): Private Law – bolt-on fees

#### Table 2(e): Private Law Children and Finance – bolt on fees – court bundle payment

 Regulation 9(3) and (4)

## SCHEDULE 4E+WInquests

### InterpretationE+W

1.—(1) Unless different provision is made, words and expressions used in this Schedule have the same meaning as in the relevant contact.                  

(2) In this Schedule, “Senior Solicitor” means a solicitor with over eight years' qualified experience.                  

#### Table 1: Provider Hourly Rates

#### Table 2: Barrister rates

 Regulation 10

## SCHEDULE 5E+WExperts' fees and rates

1.  Subject to paragraph 2, where the expert service is of a type listed in the Table, the Lord Chancellor must pay remuneration                     to the provider for the expert service at the fixed fees or at rates not exceeding the rates set out in the Table.E+W

### Table

### Exceptional circumstancesE+W

2.—(1) The Lord Chancellor may increase the fixed fees or rates set out in the Table after paragraph 1 if the Lord Chancellor considers                     it reasonable to do so due to exceptional circumstances.                  

(2) In sub-paragraph (1), “exceptional circumstances” mean that the expert's evidence is key to the client's case and either—

(a)the complexity of the material is such that an expert with a high level of seniority is required; or                  

(b)the material is of such a specialised and unusual nature that only very few experts are available to provide the necessary                        evidence.                  

### Payment of expert services of a type not listed in the Table after Part 1E+W

3.  Where the expert service is of a type not listed in the Table after paragraph 1, in considering the rate at which to fund                     the expert service the Lord Chancellor—                  

(a)must have regard to the rates set out in the Table after paragraph 1; and                  

(b)may require a number of quotes for provision of the service to be submitted to the Lord Chancellor.                  

### General provisions relating to expertsE+W

4.—(1) The costs and expenses relating to experts listed at sub-paragraph (2) are not payable by the Lord Chancellor.                  

(2) The costs and expenses are—

(a)any administration fee charged by an expert, including (but not limited to)—                  

(i)a fee in respect of office space or provision of a consultation room;                  

(ii)a fee in respect of administrative support services, such as typing services;                  

(iii)a fee in respect of courier services;                  

(iv)a subsistence fee; and                  

(b)any cancellation fee charged by an expert, where the notice of cancellation was given to the expert more than 72 hours before                        the relevant hearing or appointment.                  

5.  The maximum amount that the Lord Chancellor may pay as a disbursement in respect of an expert's vehicle mileage is £0.45 per                     mile.E+W

6.  The maximum amount that the Lord Chancellor may pay as a disbursement in respect of an expert's travel time is £40 per hour.E+W

## Explanatory Note

(This note is not part of the Regulations)

The Civil Legal Aid (Remuneration) Regulations 2013 (“the Regulations”) make provision about the payment by the Lord Chancellor to persons who provide civil legal services under arrangements                        made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c.10) (“the Act”).                     

The fees and rates set out in the Regulations are subject to definitions and payment schemes contained in the following contracts                        made between the Lord Chancellor and a provider of civil legal services under Part 1 of the Act, the relevant contract in                        any particular case being the contract which governs the provision of civil legal services for which the claim for remuneration                        relates: the 2010 Standard Civil Contract, the 2013 Standard Civil Contract and the 2013 Individual Case Contract (Civil).                     

The Regulations do not apply to the payment of remuneration under contracts awarded as part of a pilot which provides for                        remuneration by way of one or more standard fees. Other than regulations 7 and 10, the Regulations do not apply to contracts                        which have been awarded after competitive tendering as to price has taken place. Other than regulation 10, the Regulations                        do not apply to the 2013 Individual Case Contract (High Cost Civil).