Statutory Instruments
2006 No. 2364
Legal Services Commission, England and Wales
The Community Legal Service (Funding) (Counsel in Family Proceedings) (Amendment) Order 2006
Made
28th August 2006
Laid before Parliament
1st September 2006
Coming into force
2nd October 2006
This Order is made in exercise of the powers conferred ( 1 ) by section 6(4) of the Access to Justice Act 1999 ( 2 ). The Lord Chancellor has consulted the General Council of the Bar and the Law Society in accordance with section 25(2) of that Act and he has had regard to the matters specified in section 25(3) of that Act. The Lord Chancellor makes the following Order:
Citation, commencement and interpretation
1. —(1) This Order may be cited as the Community Legal Service (Funding) (Counsel in Family Proceedings) (Amendment) Order 2006 and comes into force on 2nd October 2006.
(2) In this Order a reference to an article by number alone is a reference to the article so numbered in the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001( 3 ).
Amendments to the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001
2. In article 2—
(a) after the definition of “counsel” insert—
“ “Director” means any Director appointed by the Commission under the Funding Code and includes any person authorised to act on his behalf, other than a solicitor authorised by contract to determine applications on behalf of the Commission; ” ;
(b) omit the definition of “Funding Review Committee”;
(c) after the definition of “harm” insert—
“ “Independent Funding Adjudicator” means an adjudicator appointed by the Commission to carry out functions under the Funding Code; ” ;
(d) omit the definition of “Regional Director”.
3. In article 9(6) omit “Regional”.
4. In article 16(4), in each place where it appears, omit “Regional”.
5. In article 17—
(a) in each place where it appears, omit “Regional”;
(b) in paragraph (2)(b) for “Funding Review Committee” substitute “Independent Funding Adjudicator”.
6. In article 18, in each place where it appears, omit “Regional”.
Signed by authority of the Lord Chancellor
Cathy Ashton
Parliamentary Under Secretary of State
Department for Constitutional Affairs
28th August 2006
The powers were transferred to the Secretary of State by the Secretary of State for Constitutional Affairs Order 2003 S.I.2003/1887 and were transferred back the Lord Chancellor by the Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 S.I.2005/3429 .
S.I.2001/1077 ; amended by S.I.2003/2590 , S.I.2005/184 , S.I.2005/2114 , S.I.2005/3504 .