{
  "url": "https://openlegislation.uk/criminal-defence-service-funding-order-2001/schedule-1/paragraph-9",
  "json_url": "https://openlegislation.uk/criminal-defence-service-funding-order-2001/schedule-1/paragraph-9.json",
  "legislation": "uksi/2001/855",
  "legislation_title": "The Criminal Defence Service (Funding) Order 2001",
  "legislation_url": "https://openlegislation.uk/criminal-defence-service-funding-order-2001",
  "path": "schedule/1/paragraph/9",
  "kind": "paragraph",
  "number": "9",
  "heading": "Hardship payments",
  "text": "(1) The appropriate officer may allow a hardship payment to a representative in the circumstances set out in sub-paragraph (2), subject to the other provisions of this paragraph.\n(2) Those circumstances are that the representative:\n(a) represents the assisted person in proceedings in the Crown Court;\n(b) applies for such payment, in such form and manner as the appropriate officer may direct, not less than six months after he was first instructed in those proceedings (or in any related proceedings, if he was instructed in those proceedings earlier than in the proceedings to which the application relates);\n(c) is not, at the date of the application, entitled to any payment under paragraph 4 (interim payments in cases awaiting determination), 6 (staged payments) or 7 (interim payments);\n(d) is unlikely to receive final payment in respect of the proceedings, as determined under paragraph 12 or 15, within the three months following the application for the hardship payment; and\n(e) satisfies the appropriate officer that, by reason of the circumstance in paragraph (d), he is likely to suffer financial hardship.\n(3) Every application for a hardship payment shall be accompanied by such information and documents as the appropriate officer may require as evidence of:\n(a) the work done by the representative in relation to the proceedings up to the date of the application; and\n(b) the likelihood of financial hardship.\n(4) The amount of any hardship payment shall be in the discretion of the appropriate officer, but shall not exceed such sum as would be reasonable remuneration for the work done by the representative in the proceedings up to the date of the application.\n(5) No hardship payment shall be made if it appears to the appropriate officer that the sum which would be reasonable remuneration for the representative, or the sum required to relieve his financial hardship, is less than £5,000 (excluding any VAT).\n(6) Any hardship payment shall be set off against the remuneration finally payable to the representative under paragraph 12 or 15.\n(7) The question of whether proceedings are related to each other for the purposes of this paragraph shall be determined in accordance with paragraph 4(7).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "am",
      "affecting": "uksi/2001/3341",
      "affecting_title": "The Criminal Defence Service (Funding) (Amendment No. 3) Order 2001"
    },
    {
      "type": "am",
      "affecting": "uksi/2001/3341",
      "affecting_title": "The Criminal Defence Service (Funding) (Amendment No. 3) Order 2001"
    },
    {
      "type": "rev in pt",
      "affecting": "uksi/2001/3341",
      "affecting_title": "The Criminal Defence Service (Funding) (Amendment No. 3) Order 2001"
    },
    {
      "type": "am",
      "affecting": "uksi/2001/3341",
      "affecting_title": "The Criminal Defence Service (Funding) (Amendment No. 3) Order 2001"
    },
    {
      "type": "am",
      "affecting": "uksi/2001/3341",
      "affecting_title": "The Criminal Defence Service (Funding) (Amendment No. 3) Order 2001"
    },
    {
      "type": "am",
      "affecting": "uksi/2005/2621",
      "affecting_title": "The Criminal Defence Service (Funding) (Amendment) Order 2005"
    },
    {
      "type": "am",
      "affecting": "uksi/2005/2621",
      "affecting_title": "The Criminal Defence Service (Funding) (Amendment) Order 2005"
    },
    {
      "type": "am",
      "affecting": "uksi/2005/2621",
      "affecting_title": "The Criminal Defence Service (Funding) (Amendment) Order 2005"
    },
    {
      "type": "am (transtl savings)",
      "affecting": "uksi/2002/714",
      "affecting_title": "The Criminal Defence Service (Funding) (Amendment) Order 2002"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2001/855/schedule/1/paragraph/9",
    "retrieved_at": "2026-10-29T07:57:33.921504+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}