Paragraph 18 Recovery of overpayments

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)

This paragraph applies where a representative is entitled to be paid a certain sum (“the amount due”) by virtue of the provisions of this Schedule and, for whatever reason, he is paid an amount greater than that sum.

(2)

Where the circumstances in sub-paragraph (1) arise, the appropriate officer may:

(a)

require immediate repayment of the amount in excess of the amount due (“the excess amount”) and the representative shall on demand repay the excess amount to the appropriate officer; or

(b)

deduct the excess amount from any other sum which is or becomes payable to the representative by virtue of the provisions of this Schedule.

(3)

The appropriate officer may proceed under sub-paragraph (2)(b) without first proceeding under sub-paragraph (2)(a).

(4)

Sub-paragraph (2) shall apply notwithstanding that the representative to whom the excess amount was paid is exercising, or may exercise, a right under paragraphs 20 to 22.