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 2024.

(2) These Regulations come into force on 31st May 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) after the definition of “public law (section 31 care proceedings) case” insert—

““ terminated appointment ” means an appointment of a qualified legal representative which was terminated by the court before a hearing. ”.

(3) After regulation 5 insert—

“Terminated appointments

5A.— (1)  A fee in respect of a terminated appointment may be claimed where—

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

(b) the qualified legal representative subsequently undertakes at least 30 minutes of preparatory work; and

(c) the court terminates the appointment before the hearing.

(2)  A terminated appointment fee in respect of a preliminary hearing is—

(a) in family proceedings, a Hearing Unit 1 fee as described in Table 1 in the Schedule or;

(b) in civil proceedings, a Hearing Unit 1 fee as described in Table 3 in the Schedule.

(3)  A terminated appointment fee in respect of a cross-examination hearing is—

(a) in family proceedings, half of a single day fee as described in Table 2 in the Schedule; or

(b) in civil proceedings, half of a single day fee as described in Table 4 in the Schedule.

(4)  Costs in respect of a terminated appointment 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 court terminates the appointment of the qualified legal representative before the hearing; 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 termination of the appointment. ”.

(4) In regulation 6—

(a) in paragraph (2), for “or cancelled hearing” substitute “, cancelled hearing or terminated appointment”;

(b) in paragraph (3), for “or cancelled hearing” substitute “, cancelled hearing or terminated appointment”.

(5) For Table 1 in the Schedule, substitute—

(6) For Table 2 in the Schedule, substitute—

(7) For Table 3 in the Schedule, substitute—

(8) For Table 4 in the Schedule, substitute—

(9) For Table 5 in the Schedule, substitute—

Transitional provision

3.  The amendments made by regulation 2(2) to (9) do not apply to the payment of a claim where that claim relates to a hearing, the cancellation of a hearing or the termination of an appointment which takes place before 31st May 2024.

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Prohibition of Cross-Examination in Person (Fees of Court-Appointed Qualified Legal Representatives) Regulations 2022( 4) (“ the 2022 Regulations”) make provision for payment out of central funds of sums to cover the fees of court-appointed qualified legal representatives. These Regulations amend the 2022 Regulations to make provision in respect of terminated appointments and to increase the fixed fees payable under the scheme by 10%.

Regulation 2(2) introduces a new definition of ‘terminated appointment’ to refer to circumstances in which the court terminates the appointment of a qualified legal representative before a hearing. This may arise, for example, where the prohibited party subsequently arranges their own legal representation and the court-appointed qualified legal representative is no longer required.

Regulation 2(3) and (4) makes provision for the payment of fees and costs to a qualified legal representative whose appointment is terminated by the court before a hearing, where the qualified legal representative has undertaken preparatory work or has incurred costs in respect of the hearing that they have been unable to recover.

Regulation 2(5) to (9) applies a 10% increase (exclusive of VAT) to each of the fees specified in Tables 1 to 5 of the Schedule.

Regulation 3 makes transitional provision which provides that the increased fees may only be claimed in respect of hearings that take place or are cancelled after 31st May 2024.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.