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Regulation 85 Operation of statutory charge

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where a certificate has been revoked or discharged, section 16(6) of the Act (which provides for a charge upon property recovered or preserved for an assisted person) shall apply to any property recovered or preserved as a result of the person whose certificate has been revoked or discharged continuing to take, defend or be a party to the proceedings to which the certificate related.

(2)

For the purpose of paragraph (1), the reference to a person whose certificate has been discharged shall, where the certificate has been discharged under regulation 80(c)(i) or (ii), include his personal representatives, his trustee in bankruptcy or the Official Receiver, as the case may be.