Amendments to the 2007 Order3
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 specifications3;
“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”.