1.-(1) These Regulations may be cited as the Legal Aid in Family Proceedings (Remuneration) (Amendment) Regulations 1991 and shall come into force on 14th October 1991.

(2) In these Regulations, a regulation referred to by number means the regulation so numbered in the Legal Aid in Family Proceedings (Remuneration) Regulations 1991(2).

2. Regulation 1(2) shall be amended-

(a)by substituting, for the words "and remuneration payable in respect of work done before that date shall be determined as if these Regulations had not been made", the words "and remuneration payable in respect of work done in proceedings commenced before that date shall be determined as if these Regulations and the Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) (No. 3) Regulations 1991(3) had not been made";

(b)by inserting after that paragraph the following proviso-�

• "Provided that regulation 3 of, and Schedule 1 to, these Regulations shall apply to remuneration payable in respect of work done on or after 14th October 1991 in relation to care proceedings (within the meaning of section 27 of the Legal Aid Act 1988(4) as if those proceedings were care proceedings within the meaning of these Regulations.".

3. For regulation 1(3), there shall be substituted the following-

"(3) For the purposes of determining remuneration payable in respect of work done before 14th October 1991 in relation to proceedings of a kind described in paragraph (a) of the definition of "prescribed familyproceedings", Schedule 2 to the Rules shall have effect as if that Schedule were substituted for Schedule 2(a) to these Regulations and Schedule 2 (as so substituted) shall have effect as it had effect during the year in which the work in question was done.".

4. Regulation 2(1) shall be amended by substituting, for the definition of "prescribed family proceedings", the following-

• ""prescribed family proceedings"means-

  (a)

  proceedings commenced before 14th October 1991 with respect to which rules made under section 50 of the Matrimonial Causes Act 1973(5) applied immediately before the date of the coming into force of these Regulations;

  (b)

  proceedings commenced on or after 14th October 1991 to which those rules would have applied if they had continued in force on and after that date;

  (c)

  proceedings under the Children Act 1989(6), excluding care proceedings;".

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Legal Aid in Family Proceedings (Remuneration) Regulations 1991 (the principal Regulations) so as to-

(a)ensure that the procedure for determining payment in care proceedings begun before 14th October continues without change but that the rates payable for work done on or after that date will be those provided under the principal Regulations (regulation 2);

(b)prevent the rates contained in Schedule 2(a) to the principal Regulations applying to all work, including work done in earlier years (which was remunerated under the Rules according to different rates) and to provide for work to be remunerated according to the rates which applied at the time when the work was done (regulation 3); and

(c)substitute a new definition of "prescribed family proceedings" since the definition in the principal Regulations was too wide and referred to a statutory provision which will lapse before the principal Regulations come into force (regulation 4).