# The Criminal Defence Service (Funding) Order 2001, Paragraph 21: Appeals to a Costs Judge


(1) Where the appropriate officer has given his reasons for his decisions under paragraph 20, a representative who is dissatisfied with that decision may appeal to a Costs Judge.
(2) Subject to paragraph 23, an appeal shall be instituted within 21 days of the receipt of the appropriate officer’s reasons, by giving notice in writing to the Senior Costs Judge.
(3) The appellant shall send a copy of any notice given under sub-paragraph (2) to the appropriate officer.
(4) The notice of appeal shall be accompanied by:
(a) a copy of the written representations given under paragraph 20(2);
(b) the appropriate officer’s reasons for his decision given under paragraph 20(7); and
(c) the particulars, information and documents supplied to the appropriate officer under paragraph 20.
(5) The notice of appeal shall:
(a) be in such form as the Senior Costs Judge may direct:
(b) specify separately each item appealed against, showing (where appropriate) the amount claimed for the item, the amount determined and the grounds of the objection to the determination; and
(c) state whether the appellant wishes to appear or to be represented or whether he will accept a decision given in his absence.
(6) The Senior Costs Judge may, and if so directed by the Lord Chancellor either generally or in a particular case shall, send to the Lord Chancellor a copy of the notice of appeal together with copies of such other documents as the Lord Chancellor may require.
(7) With a view to ensuring that the public interest is taken into account, the Lord Chancellor may arrange for written or oral representations to be made on his behalf and, if he intends to do so, he shall inform the Senior Costs Judge and the appellant.
(8) Any written representations made on behalf of the Lord Chancellor under sub-paragraph (7) shall be sent to the Senior Costs Judge and the appellant and, in the case of oral representations, the Senior Costs Judge and the appellant shall be informed of the grounds on which such representations will be made.
(9) The appellant shall be permitted a reasonable opportunity to make representations in reply.
(10) The Costs Judge shall inform the appellant (or his representative) and the Lord Chancellor, where representations have been or are to be made on his behalf, of the date of any hearing and, subject to the provisions of this paragraph, may give directions as to the conduct of the appeal.
(11) The Costs Judge may consult the trial judge or the appropriate officer and may require the appellant to provide any further information which he requires for the purpose of the appeal and, unless the Costs Judge otherwise directs, no further evidence shall be received on the hearing of the appeal and no ground of objection shall be valid which was not raised under paragraph 20.
(12) The Costs Judge shall have the same powers as the appropriate officer under this Schedule and, in the exercise of such powers, may:
(a) alter the redetermination of the appropriate officer in respect of any sum allowed, whether by increase or decrease as he thinks fit;
(b) confirm the decision to allow standard fees under paragraph 15(2) or allow fees in accordance with paragraph 15(5) and (6).
(13) The Costs Judge shall communicate his decision and the reasons for it in writing to the appellant, the Lord Chancellor and the appropriate officer.
(14) Except where he confirms or decreases the sums redetermined under paragraph 20 or confirms a decision to allow standard fees, the Costs Judge may allow the appellant a sum in respect of part or all of any reasonable costs (including any fee payable in respect of an appeal) incurred by him in connection with the appeal.

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Source: https://www.legislation.gov.uk/uksi/2001/855/schedule/1/paragraph/21 (the official version)
Page: https://openlegislation.uk/criminal-defence-service-funding-order-2001/schedule-1/paragraph-21
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.