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.
Statutory Instruments
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( 1 ), makes the following Regulations.
Citation, commencement and extent
1. —(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( 2 ).
(3) These Regulations extend to England and Wales.
Amendments to the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013
2. —(1)The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013( 3 ) 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). ” .
Amendments to the Civil Legal Aid (Remuneration) Regulations 2013
3. —(1)The Civil Legal Aid (Remuneration) Regulations 2013( 4 ) 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). ” .
(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 ” . |
(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 ” . |
Bellamy
Parliamentary Under Secretary of State
Ministry of Justice
25th October 2023
S.I. 2013/480 as amended by S.I. 2013/753 , S.I. 2014/812 , S.I. 2014/2701 , S.I. 2016/211 , S.I. 2019/519 , S.I. 2021/1423 , S.I. 2023/45 , S.I. 2023/150 and S.I. 2023/745 . There are other amending instruments, but none are relevant.
S.I. 2013/422 as amended by S.I. 2013/2877 , S.I. 2014/7 , S.I. 2014/586 , S.I. 2014/1824 , S.I. 2015/325 , S.I. 2015/898 , S.I. 2015/1678 , S.I. 2016/983 , S.I. 2018/803 , S.I. 2020/1001 and S.I. 2022/1379 .