delete The Civil Legal Aid (Remuneration) (Amendment) (No. 2) (Coronavirus) Regulations 2020
These regulations amend the Civil Legal Aid (Remuneration) Regulations 2013 to: (1) define 'online procedure advocacy services' for immigration and asylum cases, (2) impose 3-month waiting periods before barristers can apply for payments on account, (3) increase the payment on account rate from 75% to 80%, (4) introduce new fee tables (Tables 4(ca) and 8(ca)) for immigration/asylum online procedure advocacy services, and (5) revoke and replace earlier coronavirus regulations with transitional provisions preserving certain fee arrangements.
These regulations impose government price controls on legal aid remuneration, distorting the market for legal services. The 3-month restriction on payment applications creates unnecessary cash flow barriers for barristers providing legal aid. The regulation perpetuates a system of politically-determined pricing rather than allowing market forces to determine appropriate compensation for legal services. The transitional provisions lock in specific fee structures, preventing competitive adjustment. As with all price controls, these rules suppress supply, create monopolistic incentives for established providers, and reduce innovation in service delivery—all documented unintended consequences that harm both legal aid recipients and taxpayers.