Regulation 5 Exceptions to the statutory charge

(1)

The statutory charge does not apply to the following property recovered or preserved by a legally aided party in relevant proceedings, or in any compromise or settlement of a relevant dispute,—

(a)

any periodical payment of maintenance;

(b)

any sum or sums ordered to be paid under—

(i)

section 25B(4) (pensions) or 25C (pensions: lump sums) of the Matrimonial Causes Act 1973 M1;

(ii)

section 5 of the Inheritance (Provision for Family and Dependants) Act 1975 M2 (interim orders);

(iii)

Part 4 of the Family Law Act 1996 M3 (family homes and domestic violence); or

(iv)

paragraph 25(2) or 26 of Schedule 5 to the Civil Partnership Act 2004 M4 (financial relief in the High Court or a County Court etc.);

(c)

half of any redundancy payment within the meaning of Part 11 of the Employment Rights Act 1996 M5 (redundancy payments etc.); or

(d)

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

(2)

The statutory charge does not apply to—

(a)

a legally aided party's clothes or household furniture; or

(b)

the implements of a legally aided party's trade,

except where the Lord Chancellor considers that there are exceptional circumstances, having regard in particular to the value or quantity of the items concerned.

(3)

Where, by virtue of regulation 7, the statutory charge is in favour of a provider, it does not apply to a legally aided party's main or only dwelling.

(4)

Paragraphs (2) and (3) do not apply where the legally aided party is a legal person.

Annotations

Marginal citations

M1: 1973 c. 18; sections 25B and 25C were inserted by the Pensions Act 1995 (c. 26), section 166(1). Section 25B was amended by the Welfare Reform and Pensions Act 1999 (c. 30), Schedule 4, paragraph 1(5)(a) and (b), and section 25C was amended by the same Act, Schedule 4, paragraph 2(2) to (5).
M2: 1975 c. 63.
M3: 1996 c. 27.
M4: 2004 c. 33.
M5: 1996 c. 18.