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The Community Legal Service (Funding) (Amendment) Order 2011

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3.  In article 3(1)—

(a)after the definition of “the 2007 Act” insert—

““2010 Standard Civil Contract” means the contract so named between the Commission and a provider for the provision of funded services, including the contract for signature, the standard terms, the schedules and the specifications(1);

“advocacy services” means work done—

(a)

by an advocate at a court hearing;

(b)

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

(c)

by counsel in connection with a conference, and

(d)

by counsel in connection with an opinion;

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

“advocate” means a person exercising a right of audience as a representative of, or on behalf of, a party;

“advocates’ meeting” means an advocates’ meeting directed by the court pursuant to the Public Law Outline;

“certificate” means a certificate issued under Part 2 of the Funding Code;

“child abduction proceedings” means proceedings within section 11.13 of Part 1 of the Funding Code”;

(b)after the definition of “Commission” insert—

““counsel” means—

(a)

a barrister in independent practice; and

(b)

a solicitor or Fellow of the Institute of Legal Executives who does not work in a partnership and who does not hold a Unified Contract;”;

(c)in the definition of “family proceedings” omit everything after sub-paragraph (i);

(d)after the definition of “family proceedings” insert—

““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;”;

(e)after the definition of “Mental Health Proceedings” insert—

““provider” means a party to the 2010 Standard Civil Contract other than the Commission;

“Public Law Outline” means the outline set out in the table following paragraph 10 of the Practice Direction ‘Public Law Proceedings: Guide to Case Management, April 2010’, made by the President of the Family Division;”;

(f)in the definition of “Unified Contract” before “between” insert “so named”.

(1)

Published by the Commission on 26th March 2010 and available on its website at www.legalservices.gov.uk.

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