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Regulation 91 Enforcement of orders, etc., in favour of assisted person

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

(1)

Where in any proceedings to which an assisted person is a party–

(a)

an order or agreement is made providing for the recovery or preservation of property for the benefit of the assisted person and, by virtue of the Act, there is a first charge on the property for the benefit of the Board; or

(b)

an order or agreement is made for the payment of costs to the assisted person,

the Board may take such proceedings in its own name as may be necessary to enforce or give effect to such an order or agreement.

(2)

An assisted person may, with the consent of the appropriate Area Director, take proceedings (being proceedings for which representation may be granted under the Act) to give effect to an order or agreement referred to in regulation 87(a).

(3)

Where the Board takes proceedings, it may authorise any person to swear an affidavit, file a proof, receive a dividend or take any other step in the proceedings in its name and the costs incurred by the Board in any such proceedings shall be a first charge on any property or sum so recovered.