Regulation 6 Partial exceptions to the statutory charge

(1)

The following amounts do not constitute a charge on any property recovered or preserved by the legally aided party in relevant proceedings or a relevant dispute—

(a)

costs incurred by a provider as a result of fulfilling the provider's statutory obligations to a legally aided party with a disability within the meaning of the Equality Act 2010 M1;

(b)

where a determination in relation to which a certificate is withdrawn (but not revoked) the cost of assessment proceedings, other than the cost of drawing up a bill for the purpose of those proceedings, under the—

(i)

CPR, Part 47 (procedure for detailed assessment of costs and default provisions); or

(ii)

Supreme Court Rules 2009, Part 7 M2 (fees and costs).

(2)

The following amounts do not constitute a charge on any costs payable to a legally aided party under a legally aided party's costs order or costs agreement—

(a)

any contribution owed by the legally aided party under regulations made under section 23(2)(b) of the Act (payment for services);

(b)

legal aid only costs.

(3)

In this regulation, “revoked” means that a determination has been withdrawn in circumstances in which the Director has exercised the power to revoke the determination under the Civil Legal Aid (Procedure) Regulations 2012.

Annotations

Marginal citations

M1: 2010 c. 15.
M2: SI 2009/1603.