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In force since 2023-10-25, as the publisher states.
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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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4 provisions
Title and introductory text
This Statutory Instrument has been published in substitution of S.I. 2023/1135 which did not reflect the version signed by the Minister and has been removed from legislation.gov.uk. These Regulations are being issued free of charge to all known recipients of that Statutory Instrument.
2023 No. 1177
LEGAL AID AND ADVICE, ENGLAND AND WALES
The Civil Legal Aid (Financial Resources and Payment for Services and Remuneration) (Amendment) Regulations 2023
Made
25th October 2023
Laid before Parliament
6th November 2023
Coming into force in accordance with regulation 1(2)
The Lord Chancellor, in exercise of the powers conferred by sections 2(3), 21(2) and 41(1)(a) and (b), (2)(a) and (b) and (3)(a) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, makes the following Regulations.
Propose a change1 Citation, commencement and extent
(1) These Regulations may be cited as the Civil Legal Aid (Financial Resources and Payment for Services and Remuneration) (Amendment) Regulations 2023.
(2) These Regulations come into force on the same day as and immediately following the coming into force of section 56(3) and (4) of the Illegal Migration Act 2023.
(3) These Regulations extend to England and Wales.
Propose a change2 Amendments to the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013
(1) The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 are amended as follows.
(2) At the end of regulation 5(1)(r) omit “and”;
(3) At the end of regulation 5(1)(s) insert “; and”;
(4) After regulation 5(1)(s) insert—
(t) legal help, help at court or legal representation in relation to a matter described in paragraph 31C of Part 1 of Schedule 1 to the Act (removal notices under the Illegal Migration Act 2023).
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Propose a change3 Amendments to the Civil Legal Aid (Remuneration) Regulations 2013
(1) The Civil Legal Aid (Remuneration) Regulations 2013 are amended as follows.
(2) In regulation 7—
(a) at the beginning of paragraphs (4) and (4A), in both places it appears, for “Where”, substitute “Subject to paragraph (4B), where”;
(b) after paragraph (4A) insert—
(4B) In a case where a barrister in independent practice, who is not a King’s Counsel provides services described in paragraph 31C of Part 1 of Schedule 1 to the Act, not listed in Table 3 or 4 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 in Table 3, and the provisions relating to enhancement under paragraphs (3) to (3B).
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(3) In Schedule 1, Part 3, at the end of the heading in Table 10(a) insert “(except as in Table 10(d))” and in the heading in Table 10(b) for “(except as in Table 10(a))” substitute “(except as in Table 10(a) or 10(d))”.
(4) In Schedule 1, Part 3, after Table 10(c) (First-tier Tribunal) insert—
Table 10(d): Civil legal services under paragraph 31C of Part 1 of Schedule 1 to the Act: Removal notices under the Illegal Migration Act 2023
Activity | Higher Courts
Routine letters out | £7.76 per item
Routine telephone calls | £4.30 per item
Preparation and attendance (London rate) | £82.28 per hour
Preparation and attendance (non-London rate) | £77.63 per hour
Attendance at court or conference with Counsel | £38.30 per hour
Advocacy | £77.63 per hour
Travelling and waiting time | £34.42 per hour
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(5) In Schedule 2, after Table 2, insert—
Table 3: Rates in the Upper Tribunal other than for King’s Counsel - civil legal services under paragraph 31C of Part 1 of Schedule 1 to the Act: Removal notices under the Illegal Migration Act 2023
Category | Hourly rate
Preparation and attendance | £82.28 (London rate)
£77.63 (Non-London rate)
Attendance at court or conference | £38.30
Advocacy | £77.63
Travel and waiting | £34.42
Table 4: Rates in the Court of Appeal or Supreme Court and for King’s Counsel (in any court) - civil legal services under paragraph 31C of Part 1 of Schedule 1 of the Act: Removal notices under the Illegal Migration Act 2023
Category | Hourly Rate
Led junior counsel in the Court of Appeal or Supreme Court | £129.38
Leading senior counsel in the Court of Appeal | £181.13
King’s Counsel (where approved for briefing or instruction by the Lord Chancellor) in the Upper Tribunal or Court of Appeal | £207.00
Leading senior counsel in the Supreme Court | £207.00
King’s Counsel (where approved for briefing or instruction by the Lord Chancellor) in the Supreme Court | £258.75
Noter/Pupil/2nd led junior counsel in the Court of Appeal or Supreme Court | £41.40
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Propose a change