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     5.  - (1) The Schedule shall be amended as follows.

    (2) Throughout the Schedule, for "Board" there shall be substituted "Commission".

    (3) In paragraph 1(1),

(a) for "2 and 3" there shall be substituted "2 to 4";

(b) for "within legal aid area 1", wherever it occurs, there shall be substituted "in the Legal Services Commission's London Region".

    (4) Paragraph 1(2) shall be omitted.

    (5) At the beginning of paragraph 3 there shall be inserted "Subject to paragraph 4,".

    (6) After paragraph 3 there shall be inserted the following: - 

     " 4. In the case of a person who is a party to a general criminal contract, the Commission shall allow fees for work allowed by it under regulation 5 at the following rates:



Class of work	Rate
(a) availability during duty period	£4.20 per hour - served, to a maximum of £100.80	(£4.25 per hour served to a maximum of £102.00 in respect of a solicitor whose office is situated in the Legal Services Commission's London Region)
(b) advice and assistance to a person arrested and held in custody, or being interviewed in connection with a serious service offence or to a volunteer, given
(i) by a duty solicitor in unsocial hours	£67.93 per hour
(ii) by a duty solicitor in all other hours	£51.15 per hour	(£55.28 per hour in respect of a solicitor whose office is situated in the Legal Services Commission's London Region)
(iii) by an own solicitor	£51.15 per hour	(£55.28 per hour in respect of a solicitor whose office is situated in the Legal Services Commission's London Region)
(c) travelling and waiting
(i) by a duty solicitor in unsocial hours	£67.93 per hour
(ii) by a duty solicitor in all other hours	£51.15 per hour	(£55.28 per hour in respect of a solicitor whose office is situated in the Legal Services Commission's London Region)
(iii) by an own solicitor	£28.33 per hour
(d) advising and assisting over the telephone	£23.38 per item	(£24.20 per item in respect of a solicitor whose office is situated in the Legal Services Commission's London Region)
(e) routine telephone calls	£3.96 per item	(£4.13 per item in respect of a solicitor whose office is situated in the Legal Services Commission's London Region)


     5. In this Schedule, "general criminal contract" means a contract with the Legal Services Commission in the form of the Commission's General Criminal Contract for the time being, and any reference to a party to a general criminal contract includes every person authorised to do work under the contract.".

Signed


Willy Bach
Parliamentary Secretary, Lord Chancellor's Department

Dated 25th March 2001



We consent


Greg Pope

Clive Betts
Two of the Lords Commissioners of Her Majesty's Treasury

Dated 27th March 2001

[2] S.I. 1989/342, as amended by S.I. 1990/487, 1991/527, 1992/594 and 1994/1824.back

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