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Section 41ZA Exception for legal expenses in respect of offence with which confiscation proceedings concernedF1

(1)

Where the court makes an exception to a restraint order under section 41(3) to which this section applies, it must ensure that the exception—

(a)

is limited to legal expenses that the specified person has reasonably incurred or that the person reasonably incurs,

(b)

specifies the total amount that may be released for legal expenses in pursuance of the exception, and

(c)

is made subject to the required conditions (in addition to any conditions imposed under section 41(3)(c)).

(2)

The Lord Chancellor may by regulations specify the required conditions for the purposes of subsection (1).

(3)

A required condition may, in particular—

(a)

restrict who may receive sums released in pursuance of the exception (by, for example, requiring released sums to be paid to professional legal advisers), or

(b)

be made for the purpose of controlling the amount of any sum released in pursuance of the exception in respect of an item of expenditure.

(4)

A required condition made for the purpose mentioned in subsection (3)(b) may, for example, provide for a sum to be released in respect of an item of expenditure only if—

(a)

the court has assessed the amount allowed by the regulations in respect of that item, and

(b)

the sum is released for payment of the assessed amount.

(5)

For the purposes of subsection (4), the regulations may, in particular, make provision—

(a)

limiting the amount of remuneration allowable to representatives for a unit of time worked;

(b)

limiting the total amount of remuneration allowable to representatives for work done in connection with proceedings or a step in proceedings;

(c)

limiting the amount allowable in respect of an item of expenditure incurred by a representative or incurred, otherwise than in respect of the remuneration of a representative, by a party to proceedings.

(6)

Before making regulations under this section, the Lord Chancellor must consult such persons as the Lord Chancellor considers appropriate.

Annotations

Textual amendments

F1

S. 41ZA inserted (29.6.2026 for specified purposes) by Crime and Policing Act 2026 (c. 20), s. 255(1), Sch. 21 para. 26(3); S.I. 2026/689, reg. 2(2)

Notes on Part 2

Modifications

C1

Pt. 2 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 8(5A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(2)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.)

C2

Pt. 2 applied by Police and Criminal Evidence Act 1984 (c. 60), ss. 56(5B), 58(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 14(2)(3); S.I. 2003/333, art. 2, Sch.)

C3

Pt. 2: power to amend conferred (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 97(3), 178(8); S.I. 2005/1521, art. 3(1)(a)

C4

Pt. 2 applied (with modifications) (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 15(5)

C5

Pt. 2 applied (with modifications) (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 10(5)

C6

Pt. 2: power to modify conferred (20.3.2015) by Crime and Courts Act 2013 (c. 22), ss. 47, 61(2); S.I. 2015/813, art. 2(b)

C7

Pt. 2 applied (with modifications) (1.6.2015) by The Restraint Orders (Legal Aid Exception and Relevant Legal Aid Payments) Regulations 2015 (S.I. 2015/868), regs. 1, 5 (with reg. 4)

C8

Pt. 2 applied (12.2.2019 for specified purposes, 13.8.2020 in so far as not already in force) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 33(5) (with s. 25(9)); S.I. 2020/792, reg. 2(g)

C9

Pt. 2 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 8(5) (with s. 97); S.I. 2023/1272, reg. 2(a)

C10

Pt. 2 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 9(5) (with s. 97); S.I. 2023/1272, reg. 2(a)

C11

Pt. 2 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 42(4) (with s. 97); S.I. 2023/1272, reg. 2(a)