Regulation 94 Exemptions from the statutory charge

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

reg. 46(2 ) amended by Civil Legal Aid (General) 1991
reg. 94(d)(iv) rev in pt by Civil Legal Aid (General) 1991
reg. 94(d)(viii) amended by Civil Legal Aid (General) 1991
reg.94(dd) added by Civil Legal Aid (General) 1997 reg.5(b)
reg.94(ff) added by Civil Legal Aid (General) 1997 reg.5(d)
reg.94 amended by Civil Legal Aid (General) 1999 reg.3

The charge created by section 16(6) of the Act shall not apply to–

(a)

any interim payment made in accordance with an order made under Order 29, rule 11 or 12 of the Rules of the Supreme Court 1965^f1, or Order 13, rule 12 of the County Court Rules 1981^f2, or in accordance with an agreement having the same effect as such an order;

(b)

any sum or sums ordered to be paid under section 5 of the Inheritance (Provision for Family and Dependants) Act 1975^f3;

(c)

any periodical payment of maintenance which, for this purpose, means money or money’s worth paid towards the support of a spouse, former spouse, child or any other person for whose support the payer has previously been responsible or has made payments;

(d)

the first £2,500 of any money, or of the value of any property, recovered or preserved by virtue of–

(i)

an order made, or deemed to be made, under the provisions of section 23(1)(c) or (f), 23(2), 24, 27(6)(c) or (f), or 35 of the Matrimonial Causes Act 1973^f4; or

(ii)

an order made, or deemed to be made, under the provisions of section 2 or 6 of the Inheritance (Provision for Family and Dependants) Act 1975 or any provision repealed by that Act; or

(iii)

an order made, or deemed to be made, after 30th September 1977, under section 17 of the Married Women’s Property Act 1882^f5; or

(iv)

an order made, or deemed to be made, under the provisions of section 4(2)(b) of the Affiliation Proceedings Act 1957^f6; or

(v)

an order for the payment of a lump sum made, or deemed to be made, under the provisions of section 60 of the Magistrates' Courts Act 1980^f7; or

(vi)

an order made, or deemed to be made, under the provisions of section 2(1)(b) or (d), 6(1) or (5), 11(2)(b) or (3)(b) or 20(2) of the Domestic Proceedings and Magistrates' Courts Act 1978^f8; or

(vii)

an order made, or deemed to be made, under section 9(2)(b), 10(1)(b)(ii) or 11(b)(ii) of the Guardianship of Minors Act 1971^f9 or under section 11B, 11C, or 11D of that Act^f10; or

(viii)

an order made, or deemed to be made, under section 34(1)(c) or 35 of the Children Act 1975^f11; or

(ix)

an agreement made after 1st March 1981 which has the same effect as an order made, or deemed to be made under any of the provisions specified in sub-paragraph (d)(i) to (viii); or

(e)

where the certificate was issued before 3rd May 1976, any money or property, of whatever amount or value, recovered or preserved by the virtue of an order made, or deemed to be made, under any of the provisions specified in sub-paragraph (d)(i) or (ii) before 1st August 1976 or which, if made on or after that date, gives effect to a settlement entered into before that date;

(f)

any payment made in accordance with an order made by the Employment Appeal Tribunal, or in accordance with a settlement entered into after 1st November 1983 which has the same effect as such an order; or

(g)

any sum, payment or benefit which, by virtue of any provision of, or made under, an Act of Parliament, cannot be assigned or charged.

Annotations

Footnotes

f1: S.I. 1965/1776; the relevant amending instrument is S.I. 1980/1010.
f2: S.I. 1981/1687; the relevant amending instrument is S.I. 1982/1794.
f3: 1975 c. 63.
f4: 1973 c. 18; section 27 was amended by the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), section 63(3) and section 35 was amended by the Matrimonial and Family Proceedings Act 1984 (c. 42), section 46, Schedule 1, paragraph 13.
f5: 1882 c. 75; section 17 was amended by the Statute Law (Repeals) Act 1969 (c. 52), Schedule Part III and by the Matrimonial and Family Proceedings Act 1984 (c. 42), section 43.
f6: 1957 c. 55; section 4(2) was amended by the Affiliation Proceedings (Amendment) Act 1972 (c. 49), section 1(2) and by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), section 50(1); the 1957 Act is repealed (as from a day to be appointed) by the Family Law Reform Act 1987 (c. 42), sections 33, 34(2), Schedule 4.
f7: 1980 c. 43.
f8: 1978 c. 22; sections 6 and 11 were amended by the Matrimonial and Family Proceedings Act 1984 (c. 42), sections 10, 46, Schedule 1, paragraph 23; section 20 was amended by the Matrimonial and Family Proceedings Act 1984 (c. 42), section 11 and is repealed (as from a day to be appointed) by the Family Law Reform Act 1987 (c. 42), sections 33, 34(2), Schedule 4.
f9: 1971 c. 3; the provisions referred to were amended by the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), sections 36(1)(a), 41(2) to (4) and are repealed (as from a day to be appointed) by the Family Law Reform Act 1987 (c. 42), sections 10, 11, 34(2).
f10: Sections 11B, 11C and 11D are inserted, as from a day to be appointed, by the Family Law Reform Act 1987 (c. 42), sections 12 to 14, 33, 34; the 1971 Act, as amended, is set out in Schedule 1 to the 1987 Act.
f11: 1975 c. 72; sections 34(1) and 35 were amended by the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), sections 64, 66; section 35 is amended (as from a day to be appointed) by the Family Law Reform Act 1987 (c. 42), sections 33, 34(2), Schedule 2, paragraph 62.