Paragraph 16 Determination of advocate’s fees

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

Sch 1, para 7 am by Criminal Defence Service (Funding) 2001 arts 3, 5
Sch 1, para 12 am by Criminal Defence Service (Funding) 2001 arts 3, 6(a)–(c)
Sch 1, para 12 rev in pt by Criminal Defence Service (Funding) 2001 arts 3, 6(d)
Sch 1, para 14 am by Criminal Defence Service (Funding) 2001 arts 3, 7
Sch 1, para 20 am by Criminal Defence Service (Funding) 2001 arts 3, 8
Sch 1, para 8 am by Criminal Defence Service (Funding) 2005 arts 3, 20
Sch 1, para 12 am by Criminal Defence Service (Funding) 2005 arts 3, 20
Sch 1, para 22 am by Criminal Defence Service (Funding) 2005 arts 3, 4
Sch 1, para 20 am (transtl savings) by Criminal Defence Service (Funding) 2002 arts 3, 6

(1)

Subject to sub-paragraph (2), where the court has disallowed the whole or any part of any wasted costs under section 19A of the Prosecution of Offences Act 1985^f1 the appropriate officer, in determining costs in respect of work done by the representatives against whom the wasted costs order was made, shall deduct the amount of the order from the amount otherwise payable in accordance with this Schedule.

(2)

Where the appropriate officer, in accordance with this Schedule, is minded to disallow any amount of a claim for work done to which the wasted costs order relates, he shall disallow that amount or the amount of the wasted costs order, whichever is the greater.

Annotations

Footnotes

f1: 1985 c. 23. Section 19A was inserted by the Courts and Legal Services Act 1990 (c. 41), section 111.