delete Tables of fees
This Order amends the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001, which governs legal aid funding for counsel in family proceedings under the Access to Justice Act 1999. It introduces new definitions (business accounts, committal hearing, harm, mental disorder), replaces the single base fee cap with a maximum of two base fees, creates new payment mechanisms including additional flat-rate fees for enforcement and contested injunction hearings (£250 for QC, £100 for other counsel), modifies special issue payment calculations, expands criteria for enhanced payments (vulnerable persons, parents in care proceedings, business account analysis), and adjusts claim submission timeframes. It codifies five distinct work functions (F1-F5) with different payment structures for each.
This amendment increases regulatory complexity and cost without justification. The expansion from one to two base fees allows double payment for identical work, creating perverse incentives. New flat-rate supplemental payments (article 10B) add another layer of managed pricing. The proliferation of definitions, function categories, and payment mechanisms multiplies administrative burden and compliance costs. While the original 2001 Order would remain in force, this amendment specifically introduces net additional regulatory requirements that distort market incentives in the provision of legal services. The legal aid funding framework itself represents managed price controls that reduce supply and create monopolistic entry barriers; this amendment compounds those distortions rather than correcting them.