Regulation 7 Amendments to the Civil Legal Aid (General) (Regulations) 1989

The following shall be substituted for regulation 92:—

“Retention and payment out of moneys by the Board

92

(1)

The costs payable by the Board in respect of any work done under a certificate, after deduction of any sums paid under regulations 100 or 101 (payments on account), shall be—

(a)

the legal aid only costs;

(b)

any other costs determined under regulation 107A(2);

(c)

where inter partes costs paid in favour of the assisted person are received by the Board, a sum equal to the amount by which the costs received exceed the costs referred to in sub-paragraph (b) above;

(d)

where all the inter partes costs as agreed or determined in accordance with any direction or order given or made in the proceedings in favour of the assisted person are received by the Board together with interest, a sum equal to the balance of interest after deduction of interest on the costs to which sub-paragraph (b) refers.

(2)

Upon receipt of moneys paid to it under this Part of the Regulations the Board shall retain—

(a)

subject to regulation 103 and to paragraph (1)(c) and (d) above, any sum paid under an order or agreement for costs made in favour of the assisted person in respect of the period covered by his certificate;

(b)

a sum equal to the amount (if any) by which any property recovered or preserved is charged for the benefit of the Board by virtue of section 16(6) of the Act;

(c)

any costs of proceedings taken by the Board under regulation 91(1),

and shall pay the balance to the assisted person.”