Citation, commencement and extent

1. —(1) These Regulations may be cited as the Prohibition of Cross-Examination in Person (Fees of Court-Appointed Qualified Legal Representatives) (Amendment) Regulations 2023.

(2) These Regulations come into force on 2nd January 2024.

(3) These Regulations extend to England and Wales.

Amendment of the Prohibition of Cross-Examination in Person (Fees of Court-Appointed Qualified Legal Representatives) Regulations 2022

2. —(1)The Prohibition of Cross-Examination in Person (Fees of Court-Appointed Qualified Legal Representatives) Regulations 2022( 3 ) are amended as follows.

(2) In regulation 1(3)—

(a) in the definition of “advocacy services”, before “travelling” insert “time spent” ;

(b) after the definition of “completed hearing” insert—

“ “ costs ” means travelling expenses, overnight accommodation costs, overnight subsistence allowance and any other items of expenditure properly incurred by the qualified legal representative in connection with their appointment by the court under the 1984 Act or 2003 Act. ” ;

(c) for the definition of “fees” substitute—

“ “ fees ” means the sums payable for advocacy services, calculated in accordance with Parts 1 to 3 of the Schedule to these Regulations. ” .

(3) In regulation 1(4), for “fees” to the end substitute “fees and costs payable to a qualified legal representative in connection with their appointment by the court under the 1984 Act or 2003 Act.” .

(4) For regulation 2 and its heading substitute—

“ Remuneration

2. —(1) The Lord Chancellor must pay fees to a qualified legal representative in accordance with these Regulations.

(2) Subject to paragraphs (3) and (4), the Lord Chancellor must pay such costs to a qualified legal representative as appear to the Lord Chancellor to have been actually and properly incurred.

(3) The costs payable under paragraph (2) are to be calculated in accordance with the provisions of Part 4 of the Schedule to these Regulations.

(4) The Lord Chancellor may not pay costs in excess of the maximum cap amounts specified for the corresponding category of cost. ” .

(5) In regulation 5, after paragraph (3) insert—

“ (4) Costs in respect of a cancelled hearing may be claimed where—

(a) a preliminary hearing or a cross-examination hearing is listed;

(b) the qualified legal representative has incurred costs in anticipation of attending the hearing;

(c) the hearing is cancelled; and

(d) the qualified legal representative has complied with paragraph (5) but is unable to recover all of the costs incurred.

(5) The qualified legal representative must attempt to recover the costs incurred within 24 hours of being notified of the hearing cancellation. ” .

(6) In the heading to regulation 6, after “fees” insert “and costs” .

(7) At the end of regulation 6(4)(c) omit “and” and insert—

“ (ca) specify any costs claimed, the circumstances in which they were incurred and the amounts claimed in respect of them; and ” .

(8) In regulation 6(4)(d) for “fee” substitute “fees and costs” .

(9) In the heading to regulation 7 after “fees” insert “and costs” .

(10) In the Schedule, after Part 3 insert—

“ PART 4 Costs payable in civil and family proceedings

General provision and applicable maximum rates

3. Costs are only payable where the qualified legal representative can provide evidence of the amounts incurred.

4. Subject to paragraphs 5 to 11, the maximum amounts that the Lord Chancellor may pay in respect of each category of cost are specified in Table 6.

5. Travelling expenses are only payable where a qualified legal representative travelled to a court at least 10 miles from their office or chambers.

6. Overnight accommodation and overnight subsistence allowance are only payable where a qualified legal representative travelled to a court:

(a) at least 100 miles from their office or chambers to attend a preliminary or cross-examination hearing which was listed for one day; or

(b) at least 50 miles from their office or chambers to attend a preliminary or cross-examination hearing which was listed for more than one day.

7. In the event a hearing concludes sooner than anticipated, overnight accommodation costs incurred in reliance on the original listing may be payable where the qualified legal representative is unable to recover the cost of the unused portion of a booking.

8. The Lord Chancellor will only pay overnight subsistence allowance where the costs were incurred in connection with overnight accommodation.

9. The Lord Chancellor will not pay costs in respect of travel by air.

10. Subject to paragraph 11, the Lord Chancellor will not pay costs in respect of first-class travel.

11. The cost of first-class travel may be paid where the ticket purchased was cheaper than the equivalent standard-class ticket.