The Civil Legal Aid (General) Regulations 1989

• (ix) an agreement made after 1st March 1981 which has the same effect as an order made, or deemed to be made under any of the provisions specified in sub-paragraph (d)(i) to (viii); or

• (e) where the certificate was issued before 3rd May 1976, any money or property, of whatever amount or value, recovered or preserved by the virtue of an order made, or deemed to be made, under any of the provisions specified in sub-paragraph (d)(i) or (ii) before 1st August 1976 or which, if made on or after that date, gives effect to a settlement entered into before that date;

• (f) any payment made in accordance with an order made by the Employment Appeal Tribunal, or in accordance with a settlement entered into after 1st November 1983 which has the same effect as such an order; or

• (g) any sum, payment or benefit which, by virtue of any provision of, or made under, an Act of Parliament, cannot be assigned or charged.

Vesting and enforcement of charges

95

• (1) Any charge on property recovered or preserved for an assisted person arising under section 16(6) of the Act or created by virtue of regulation 96, 97 or 98 shall vest in the Board.

• (2) The Board may enforce any such charge in any manner which would be available to a chargee in respect of a charge given inter partes, but the Board shall not agree to the release or postponement of the enforcement of any such charge except where regulation 96, 97 or 98 applies and then only in accordance with the provisions of those regulations.

• (3) Any such charge shall according to its nature–

• (a) in the case of unregistered land, be a Class B land charge within the meaning of section 2 of the Land Charges Act 1972[^f00035];

• (b) in the case of registered land, be a registrable substantive charge; or

• (c) in a case in which the conditions specified in section 54(1) of the Land Registration Act 1925[^f00036] are met, be protected by lodging a caution in accordance with the provisions of that section,

and references to registration in regulations 96 to 98 shall be construed as references to registration or protection in accordance with paragraph (a), (b) or (c) of this regulation.

• (4) Without prejudice to the provisions of the Land Registration Act 1925 and the Land Charges Act 1972, all conveyances and acts done to defeat, or operating to defeat, any such charge shall, except in the case of a bona fide purchaser for value without notice, be void as against the Board.

Postponement of enforcement of charges over money

96

• (1) This regulation applies where in proceedings under–

• (a) the Married Women’s Property Act 1882[^f00037],

• (b) the Matrimonial Causes Act 1973[^f00038], or

• (c) the Inheritance (Provision for Family and Dependants) Act 1975[^f00039],

there is recovered or preserved for the assisted person a sum of money which by order of the court or under the terms of any agreement reached is to be used for the purpose of purchasing a home for himself or his dependants.

• (2) Where the assisted person–

• (a) wishes to purchase a home in accordance with the order or agreement; and

• (b) agrees in writing on a form approved by the Board to comply with the conditions set out in paragraph (3),

the Board may, if the Area Director is satisfied that the property to be purchased will provide adequate security for the sum referred to in paragraph (3)(b), agree to defer enforcing any charge over that sum.

• (3) The conditions referred to in paragraph (2) are that–

• (a) the property to be purchased shall be subject to a charge executed in favour of the Board and registered in accordance with regulation 95(3); and

• (b) from the date on which the charge is first registered, simple interest shall accrue for the benefit of the Board at the rate of 12 per cent per annum (or such other rate as may from time to time be prescribed) on such sum as, but for the provisions of this regulation, the Board would have retained under regulation 92(b) in respect of its charge over the property to which this regulation applies.

• (4) Where the Board has agreed to defer enforcement under paragraph (2), the assisted person’s solicitor may release any money received by him under regulation 87 and which is the subject of the order or agreement, to the vendor or the vendor’s representative on completion of the purchase of the property purchased in accordance with the order or agreement.

• (5) Where–

• (a) the Area Director has directed (under regulation 90(4)) that this regulation applies; and

• (b) no agreement to defer enforcement under paragraph (2) above has been made,

the assisted person’s solicitor may release any money received by him under regulation 87 and which is the subject of the order or agreement to another solicitor or to a person providing conveyancing services to whom section 22(1) of the Solicitors Act 1974[^f00040] does not apply, who has given an undertaking to, and on a form approved by, the Board that he will fulfil the obligations imposed by this regulation on the assisted person’s solicitor.

• (6) Where the assisted person’s solicitor releases any money under paragraph (4) or (5), he shall so inform the Area Director as soon as practicable and either–

• (a) provide the Area Director with sufficient information to enable him to register a charge on the property purchased in accordance with the order or agreement; or

• (b) send to the Area Director a copy of any undertaking given under paragraph (5).

• (7) Where any sum of money retained by the assisted person’s solicitor by virtue of this regulation has not been used for the purchase of a home after a period of one year from the date of the order or agreement under which it was recovered or preserved for the assisted person, the assisted person’s solicitor shall pay that sum to the Board.

Postponement of enforcement of charges over land

97

• (1) This regulation applies where, in proceedings under any of the enactments referred to in regulation 96(1), there is recovered or preserved for the assisted person property which, by order of the court or under the terms of any agreement reached, is to be used as a home for the assisted person or his dependants.

• (2) Where the Area Director considers that the provisions of this regulation apply to any property, he shall so direct.

• (3) Where the Area Director has directed that this regulation applies to property and the assisted person–

• (a) wishes to use the property as a home for himself or his dependants; and

• (b) agrees in writing on a form approved by the Board to comply with the condition set out in paragraph (4),

the Board may, if the Area Director is satisfied that the property will provide adequate security for the sum referred to in paragraph (4), agree to defer enforcing of any charge over that property.

• (4) The condition referred to in paragraph (3) is that from the date on which the charge is first registered where that date is after 1st December 1988, simple interest shall accrue for the benefit of the Board at the rate of 12 per cent per annum (or such other rate as may from time to time be prescribed) on such sum as, but for the provisions of this regulation, the Board would have retained under regulation 92(b) in respect of the property to which this regulation applies.

• (5) Where, in a case to which this regulation applies, the charge in favour of the Board has not yet been registered in accordance with regulation 95(3) and the assisted person–

• (a) wishes to purchase a different property in substitution for the property which is the subject of the order or agreement referred to in paragraph (1); and

• (b) agrees in writing on a form approved by the Board to comply with the conditions set out in paragraph (6),

the Board may, if the Area Director is satisfied that the property to be purchased will provide adequate security for the sum referred to in paragraph (4), agree to defer enforcing any charge over that property.

• (6) The conditions referred to in paragraph (5) are that–

• (a) the property to be purchased shall be subject to a charge executed in favour of the Board and registered in accordance with regulation 95(3); and

• (b) from the date on which the charge is first registered where that date is after 1st December 1988, simple interest shall accrue for the benefit of the Board at the rate referred to in paragraph (4) on the sum referred to in that paragraph.

Substitution of charged property

98

• (1) This regulation applies where a charge has been registered in favour of the Board in pursuance of an agreement made under regulation 96 or 97.

• (2) Where, in a case to which this regulation applies,–

• (a) the assisted person wishes to purchase a different property in substitution for that over which a charge already exists;

• (b) the assisted person agrees in writing on a form approved by the Board to comply with the conditions set out in paragraph (3); and

• (c) the Area Director is satisfied that the property to be purchased will provide adequate security for the sum referred to in regulation 96(3)(b) or regulation 97(4), as the case may be,

the Board may agree to release that charge.

• (3) The conditions referred to in paragraphs (2) and (4) are that–

• (a) the property to be purchased shall be subject to a charge executed in favour of the Board and registered in accordance with regulation 95(3); and

• (b) where simple interest has accrued, it shall continue to accrue for the benefit of the Board at the rate prescribed for the time being for the purposes of regulation 96(3)(b) on the sum referred to in that regulation or in regulation 97(4), as the case may be.

• (4) Where, after a charge has been registered in favour of the Board in pursuance of an agreement made under this regulation,–

• (a) the assisted person wishes to purchase a different property in substitution for the property over which that charge exists;

• (b) the assisted person agrees in writing on a form approved by the Board to comply with the conditions set out in paragraph (3) above; and

• (c) the Area Director is satisfied that the property to be purchased will provide adequate security for the sum referred to in regulation 96(3)(b) or regulation 97(4), as the case may be,

the Board may agree to release that charge.

Payment and recovery of interest

99

• (1) Where interest is payable by the assisted person pursuant to the provisions of regulations 96, 97 or 98, such interest shall continue to accrue until the sum referred to in regulation 96(3)(b) or regulation 97(4), as the case may be, is paid and the Board shall not seek to recover interest until such payment is made.

• (2) The Board may take such steps as may be necessary to enforce, give effect to or terminate any agreement made under regulation 96, 97 or 98.

• (3) Nothing in regulations 96 to 99 shall prevent the assisted person from making interim payments of interest or capital in respect of any sum referred to in regulation 96(3)(b) or 97(4), whether such payments are made at regular intervals or not, and any such payment of capital shall reduce those sums accordingly except that no interim payment shall be used to reduce any such sum while interest on that sum remains outstanding.

PART XII — COSTS OF ASSISTED PERSONS

Payment on account

100

• (1) A solicitor acting for an assisted person under a certificate to which this regulation applies may submit a claim to the Financial Controller of the Board on a form approved by the Board for the payment of sums on account of profit costs incurred in connection with the proceedings to which the certificate relates.

• (2) Counsel instructed on behalf of an assisted person under a certificate to which this regulation applies may submit a claim to the Financial Controller of the Board on a form approved by the Board for the payment of sums on account of his fees for work done in connection with the proceedings to which the certificate relates.

• (3) A claim may be made under this regulation in relation to a certificate–

• (a) which was issued on or after 1st October 1986, after a period of 18 months has elapsed since the date on which the certificate was issued;

• (b) which was issued before 1st October 1986, after a period of 30 months has elapsed since the date on which the certificate was issued.

• (4) Further claims may be made under this regulation in relation to–

• (a) a certificate to which paragraph (3)(a) applies, after periods of 12 months and 24 months have elapsed since the date on which a claim could first be made;

• (b) a certificate to which paragraph (3)(b) applies, after a period of 12 months has elapsed since the date on which a claim could first be made.

• (5) The maximum payment to be made for each claim under paragraph (1) or (2) in any one financial year shall be–

for the financial year 1989/90	38%
for the financial year 1990/91	46%
for the financial year 1991/92	54%
for the financial year 1992/93	62%
for the financial year 1993/94	70%
for the financial year 1994/95 and thereafter	75%

• (6) Where a solicitor’s retainer has been determined and another solicitor (who is not a member of the same firm) is acting on behalf of the assisted person, the appropriate area committee may authorise payment of a sum on account of the original solicitor’s costs where it appears unlikely that the costs will be taxed within 6 months of the date on which the retainer was determined.

• (7) The making of a payment under this regulation shall not release a solicitor from any obligation under these Regulations to submit his costs and counsel’s fees for taxation or assessment on conclusion of the case.

• (8) Where, after taxation or assessment, payments made under this regulation are found to exceed the final costs of the case, the solicitor or counsel (if any) shall, on demand, repay the balance due to the fund and, where the total costs exceed any payments made under this regulation, the balance shall be paid from the fund.

Payment on account of disbursements, in cases of hardship, etc

101

• (1) Without prejudice to regulation 100, a solicitor acting for an assisted person may apply to the appropriate area committee for the payment of a sum on account of

• (a) disbursements incurred or about to be incurred in connection with the proceedings to which the certificate relates;

• (b) profit costs or counsel’s fees where the proceedings to which the certificate relates have continued for more than 12 months and it appears unlikely that an order for taxation will be made within the next 12 months and delay in the taxation of those costs or fees will cause hardship to the solicitor or counsel.

• (2) Without prejudice to regulation 100, where–

• (a) the proceedings to which the certificate related have concluded or the solicitor is otherwise entitled to have his costs taxed; and

• (b) counsel acting for the assisted person has not received payment in respect of his fees for at least 6 months since the event which gave rise to the right to taxation,

counsel may apply to the appropriate area committee for payment of 75 per cent of the amount claimed on account of his fees for work done in connection with the proceedings to which the certificate related.

Deferment of solicitor’s profit costs

102

Where an assisted person’s solicitor has failed to comply with any provision of these Regulations and, as a result of his default or omission, the fund incurs loss–

• (a) the appropriate area committee may defer payment of all or part of the solicitor’s profit costs in connection with the proceedings to which the certificate relates until he has complied with such provisions; and

• (b) if the Board refers the conduct of the solicitor to the Solicitors' Disciplinary Tribunal and the solicitor is disciplined, the Board may retain any sum, payment of which has been deferred under sub-paragraph (a), in accordance with the finding of the Tribunal.

Legal aid granted after costs incurred

103

• (1) Where, after proceedings have been instituted in any court, a party becomes an assisted person in relation to those proceedings, the provisions of section 17(1) of the Act shall apply only to so much of the costs of the proceedings as are incurred while a certificate is in force.

• (2) Any solicitor who has acted on behalf of the assisted person in the proceedings to which a certificate relates before the date of the certificate, and any solicitor who has a lien on any documents necessary for the proceedings and who has delivered them up subject to his lien, may give notice of that fact to the appropriate area committee.

• (3) Subject to paragraph (4), if moneys are recovered for the assisted person, the Board shall pay to any solicitor who has given notice under paragraph (2) out of the sum so recovered the costs to which he would have been entitled following a solicitor and own client taxation.

• (4) In any case where the sums so recovered are insufficient to pay the solicitor’s costs in full in accordance with paragraph (3) and also to meet the sums paid out or payable out of the fund on the assisted person’s account, the sums recovered in the proceedings shall be divided between the fund and the solicitor in the same proportions as the solicitor’s costs and the cost to the fund bear to the aggregate of the two, and the first charge for the benefit of the Board imposed by virtue of section 16(6) of the Act on property recovered or preserved in the proceedings shall take effect accordingly.

• (5) In any case in which the amount of–

• (a) the costs payable to a solicitor under this regulation; or

• (b) the inter partes costs incurred during the period in which the certificate was in force,

have not been ascertained on taxation, they shall, for the purpose of this regulation, be assessed by the appropriate area committee and, where the committee makes an assessment under this regulation, it shall do so with a view to allowing, for the costs referred to in sub-paragraph (a) above, such costs as the solicitor would have been entitled to on a solicitor and own client taxation and, for the costs referred to in sub-paragraph (b) above, such costs as would have been allowed on a taxation on the standard basis.

• (6) For the purposes of this regulation, work done by a solicitor–

• (a) immediately prior to the issue of an emergency certificate, and

• (b) at a time when no application for an emergency certificate could be made because the appropriate area office was closed,

shall be deemed to be work done while such a certificate is in force if the solicitor applies for an emergency certificate at the first available opportunity and the application is granted.

Remuneration of counsel and solicitors in the Crown Court and magistrates' courts

104

• (1) The sums to be allowed to solicitors and counsel in connection with authorised summary proceedings or proceedings in the Crown Court for which legal aid is available under Part IV of the Act shall be assessed by the Area Director.

• (2) Any assessment or review under this regulation shall be made in accordance with the provisions of regulation 6 of and Schedule 1 Part I paragraph 1(a) to the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989[^f00041] as if the work done was work to which those provisions apply.

• (3) Paragraphs (4) to (8) of regulation 105 shall apply where costs are assessed by an Area Director under paragraph (1) as they apply to an assessment under that regulation.

• (4) Subject to paragraph (3), regulations 105 to 110 shall not apply to costs in respect of authorised summary proceedings or proceedings in the Crown Court for which legal aid is available under Part IV of the Act.

Assessment of costs

105

• (1) In this regulation and in regulation 106, “assessment” means an assessment of costs with a view to ensuring that the amounts of costs to be allowed are those which would be allowed on a taxation on the standard basis under rules of court.

• (2) Where the retainer of an assisted person’s solicitor or counsel is determined before proceedings are actually begun and there has been no subsequent change of solicitor or counsel under the certificate, the amount of the solicitor’s costs and counsel’s fees (if any) shall be assessed by the Area Director.

• (3) Where proceedings have begun and–

• (a) the solicitor is of the opinion that the total amount which he and counsel (if any) would receive after taxation on the standard basis would not be more than £500; or

• (b) the case of an assisted person (who is not such a person as is referred to in Order 62, rule 16, of the Rules of the Supreme Court 1965) has been settled after the commencement of proceedings without any direction of the court as to costs on terms that include provision for an agreed sum in respect of costs to be paid to the assisted person which the solicitor and counsel (if any) is willing to accept in full satisfaction of the work done; or

• (c) there are special circumstances where a taxation would be against the interest of the assisted person or would increase the amount payable from the fund; or

• (d) after a direction or order that the assisted person’s costs shall be taxed on the standard basis, the solicitor incurs costs for the purpose of recovering moneys payable to the fund,

the solicitor may apply to the Area Director for an assessment of the amount of his costs and counsel’s fees (if any) in respect of the work done.

• (4) If any solicitor or counsel is dissatisfied with any decision on an assessment in accordance with paragraph (2) or (3), he may, within 21 days of that decision, make written representations to the appropriate area committee; and that committee shall review the assessment of the Area Director whether by confirming, increasing or decreasing the amount assessed by the Area Director.

• (5) A solicitor or counsel who is dissatisfied with the decision of an area committee on a review under paragraph (4) may, within 21 days of the decision, apply to that committee to certify a point of principle of general importance.

• (6) Where an area committee certifies a point of principle of general importance, the solicitor or counsel may, within 21 days of the certification, appeal in writing to a committee appointed by the Board against the decision of the area committee under paragraph (4).

• (7) On an appeal under paragraph (6) the committee appointed by the Board may reverse, affirm or amend the decision of the area committee under paragraph (4).

• (8) The assisted person’s solicitor shall within 7 days after an assessment or review under this regulation notify counsel in writing where the fees claimed on his behalf have been reduced or disallowed on assessment or review.

Agreement in respect of costs

106

• (1) Where, in proceedings to which an assisted person (or a former assisted person) has been a party and which have been brought to an end by a judgment, decree or final order, there has been an agreement as to the costs to be paid by any other party to the assisted person (or former assisted person) which that person’s solicitor and counsel (if any) is willing to accept in full satisfaction of the costs of the work done, the amount of those costs shall be assessed by the Area Director.

• (2) Where costs are to be assessed in the circumstances specified in paragraph (1), the Area Director may, if he thinks fit, request the taxing officer of the court in which the proceedings were conducted to assess the costs on the standard basis without a taxation.

• (3) Paragraphs (4) to (8) of regulation 105 shall apply where costs are assessed by an Area Director under paragraph (1) as they apply to an assessment under that regulation.

Taxation of costs

107

• (1) The costs of proceedings to which an assisted person is a party shall be taxed in accordance with any direction or order given or made in the proceedings irrespective of the interest (if any) of the assisted person in the taxation; and, for the purpose of these Regulations, an order for the taxation of the costs of a review of taxation or of the costs of an appeal from a decision of a judge on such a review shall be deemed to be a final order.

• (2) Any certificate or notice of revocation or discharge, or a copy of any such certificate or notice, shall be made available on the taxation.

• (3) Where in any proceedings to which an assisted person is a party–

• (a) judgment is signed in default, the judgment shall include a direction that the costs of any assisted person shall be taxed on the standard basis;

• (b) the court gives judgment or makes a final decree or order in the proceedings, the judgment, decree or order shall include a direction (in addition to any other direction as to taxation) that the costs of any assisted person shall be taxed on the standard basis;

• (c) the plaintiff accepts money paid into court, the costs of any assisted person shall be taxed on the standard basis.

• (4) Where in any proceedings to which an assisted person or a former assisted person is a party and–

• (a) the proceedings are, or have been, brought to an end without a direction having been given, whether under paragraph (3) or otherwise, as to the assisted person’s costs being taxed on the standard basis; or

• (b) a judgment or order in favour of an opposing party, which includes a direction that the assisted person’s costs be so taxed, has not been drawn up or, as the case may be, entered by him; or

• (c) a retainer is determined under regulation 83 in such circumstances as to require a taxation in accordance with the provisions of these Regulations;

the costs of that person shall be taxed on the standard basis on production of a copy of the notice of discharge or revocation of the certificate at the appropriate taxing office.

Failure to apply for taxation

108

Where, in any proceedings to which a former assisted person was a party, an order or agreement was made for the payment to him of costs and he has failed to ask for the costs to be taxed or his certificate is discharged before taxation, the Board may authorise the making of the application for taxation on his behalf and the costs of the application and of taxation shall be deemed to be costs in the proceedings to which the certificate related.

Disallowance or reduction of costs

109

• (1) Without prejudice to Order 62, rules 10 and 11 of the Rules of the Supreme Court 1965[^f00042] or to Order 38, rule 1(3) of the County Court Rules 1981[^f00043], on any taxation of an assisted person’s costs in connection with proceedings (except authorised summary proceedings and proceedings in the Crown Court), any costs wasted by failure to conduct the proceedings with reasonable competence and expedition shall be disallowed or reduced, and where the solicitor has without good reason delayed putting in his bill for taxation the whole of the costs may be disallowed or reduced.

• (2) No costs shall be disallowed or reduced under paragraph (1) until notice has been served by the taxing officer on the solicitor whose name appears on the assisted person’s certificate and, in a case where those costs relate to counsel’s fees, on the assisted person’s counsel, requiring the solicitor or, as the case may be, counsel to show cause orally or in writing why those costs should not be disallowed or reduced.

Solicitor’s duty to safeguard the interests of the fund

110

It shall be the duty of an assisted person’s solicitor to safeguard the interests of the fund on any inter partes taxation pursuant to an order for costs made in favour of the assisted person where that person may himself have no interest in the result of the taxation, and for this purpose to take such steps as may appear to the solicitor to be necessary to obtain a review of taxation under regulation 113 or 114.

Costs of applications, reports, etc., under these Regulations

111

Costs incurred by reason of any application made under Part VIII, and of any report made by an assisted person’s solicitor under Part IX, of these Regulations shall be taxed on the standard basis and costs incurred by reason of regulation 25, 50, 54, 82 or 124 shall be costs in the cause.

Duty to inform counsel

112

• (1) The assisted person’s solicitor shall within 7 days after the taxation (or provisional taxation) notify counsel in writing where the fees claimed on his behalf have been reduced or disallowed on taxation, and shall endorse the bill of costs with the date on which such notice was given or that no such notice is necessary.

• (2) Where the bill of costs is endorsed that no notice under paragraph (1) is necessary, the taxing officer may issue the certificate or allocatur but, where such a notice has been given, the taxing officer shall not issue the certificate or allocatur until 14 days have elapsed from the date so endorsed.

Application to carry in objections to the taxation

113

• (1) In this regulation, in regulation 114 and in regulation 116, “legal aid taxation” means the taxation of a solicitor’s bill to his own client where that bill is to be paid out of the fund.

• (2) Where–

• (a) an assisted person is dissatisfied with any decision of a taxing officer (except a decision under regulation 106) as to the amount which he is entitled to recover by virtue of an order or agreement for costs made in his favour or for which he is liable by virtue of an order for costs made against him; or

• (b) the assisted person’s solicitor is dissatisfied with any decision of the taxing officer–

• (i) on an inter partes taxation pursuant to an order for costs made in favour of the assisted person, or

• (ii) on a legal aid taxation,

the solicitor shall apply to the appropriate area committee for authority to carry in objections to the taxation; and if the area committee gives authority (but not otherwise) the solicitor may carry in objections in accordance with rules of court.

Application to judge to review taxation

114

Where the assisted person or his solicitor, as the case may be, is dissatisfied with the decision of the taxing officer on any matter to which objection has been taken under regulation 113, the solicitor shall apply to the Board for authority to have the taxation reviewed; and, if the Board gives authority (but not otherwise), the solicitor may apply (or instruct counsel to apply) to a judge to review the taxation in accordance with rules of court.

Appeal from review of taxation

115

• (1) Subject to paragraph (2) and notwithstanding that the assisted person may have no interest in the appeal or would, but for regulation 118, have an interest adverse to that of his solicitor, an assisted person’s solicitor–

• (a) may, with the authority of the Board, appeal from the decision of the judge on a review of taxation under regulation 114, or

• (b) shall be entitled to be heard on an appeal brought by any other party,

and, on any such appeal, the solicitor may appear by counsel.

• (2) Nothing in this regulation shall be deemed to confer a right of appeal in proceedings to which an assisted person is not a party where no such right exists.

• (3) Where an assisted person’s solicitor applies for authority under paragraph (1), he shall do so before the expiration of the time allowed by rules of court for an appeal from the decision of a judge and, for this purpose, the time so allowed shall be extended by one month.

Counsel dissatisfied with taxation

116

• (1) Where counsel acting for an assisted person is dissatisfied with any decision on a legal aid taxation, it shall be the duty of the assisted person’s solicitor to report the matter to the appropriate area committee or to the Board, as the case may be, and, if the committee or the Board give authority to do so,–

• (a) to carry in objections to the taxation,

• (b) to apply to a judge to review the taxation, or

• (c) to appeal from the decision of the judge,

as the case may be, and regulations 113 to 115 and 120 shall apply as if the solicitor were the person dissatisfied.

• (2) Paragraph (1) shall apply to a provisional taxation with the necessary modifications and in particular with the insertion of the words “to inform the taxing officer that he wishes to be heard on the taxation and to attend on the taxation,” after the words “the assisted person’s solicitor”.

Objection by other party

117

If, in proceedings to which an assisted person is a party, any other party carries in objections to the inter partes taxation or applies to a judge to review the taxation, the assisted person’s solicitor may be heard on the objections or review notwithstanding that the assisted person himself may have no interest in the taxation.

Assisted person having no interest or adverse interest in taxation

118

Where the assisted person has no interest in the taxation or would, but for the provisions of this regulation, have an interest adverse to that of his solicitor–

• (a) it shall be the duty of the solicitor carrying in objections under regulation 113 or applying for a review under regulation 114 to ensure that all matters which are proper to be taken into account in consideration of the objections or on the review are placed before the taxing officer or the judge, as the case may be;

• (b) the assisted person shall not be required to make any contribution to the fund on account of the costs of any proceedings arising under regulations 113 to 117 or in consequence of any order made in such proceedings; and

• (c) the charge created by section 16(6) of the Act shall not apply in relation to any resulting increase in the net liability of the fund arising out of the costs of any proceedings under regulations 113 to 117 or in consequence of any order made in such proceedings.

Assisted person having financial interest in taxation

119

Without prejudice to the provisions of regulation 118, where the assisted person has a financial interest in the taxation–

• (a) it shall be the duty of his solicitor to explain to him the extent of his interest in the taxation and the steps which can be taken to safeguard that interest and, if the assisted person so requests, to give notice in accordance with rules of court to the taxing officer that the assisted person has such an interest;

• (b) the assisted person shall not be required to make any contribution to the fund on account of the costs of the taxation proceedings;

• (c) the charge created by section 16(6) of the Act shall not apply in relation to any resulting increase in the net liability of the fund arising out of the costs of the taxation proceedings.

Costs to be paid out of the fund

120

Any proceedings under regulations 113 to 119 shall be deemed to be proceedings to which the assisted person’s certificate relates, whether or not it has been discharged or revoked, and the costs of such proceedings shall be paid out of the fund.

Time limits, etc.

121

• (1) Subject to regulation 112 where any party to a taxation is an assisted person, the certificate or allocatur shall not, unless the parties agree, be signed until 21 days after the taxing officer’s decision; and where an assisted person’s solicitor applies under regulation 113 or 114 (or under regulation 116) for authority to carry in objections or to have a taxation reviewed, he shall do so before the expiration of the time allowed under rules of court for applying to the taxing officer for a review of the taxation and the time so allowed shall, for this purpose, be extended by one month, or such longer period as the taxing officer may allow.

• (2) Notice of any application made under regulation 113, 114 or 116 shall be given to the taxing officer and to any opposing party.

Appointment of solicitor to intervene

122

• (1) The Lord Chancellor may appoint a solicitor to intervene in any review by a judge of a taxation of the costs of proceedings to which an assisted person is a party, and any such appointment may be made in respect of a particular review or may extend to any review of taxation during the period for which the solicitor is appointed.

• (2) Whenever the Board gives authority to an assisted person’s solicitor to apply to a judge to review a taxation, it shall notify the Lord Chancellor and inform him of the name and address of the assisted person’s solicitor.

• (3) If, in proceedings to which an assisted person is a party, any other party applies to a judge to review the inter partes taxation or the assisted person’s solicitor applies to a judge to review any such taxation as is referred to in regulation 113, the assisted person’s solicitor shall so inform the Board and the Board shall notify the Lord Chancellor and inform him of the name and address of the assisted person’s solicitor and, where the subject of the review is an inter partes taxation, the name and address of the solicitor acting for the other party.

• (4) The solicitor appointed by the Lord Chancellor to intervene in a review of taxation shall be entitled to production of all documents relevant to the matters in issue before the judge and to delivery of copies thereof and to appear by counsel and be heard on the review, with a view to ensuring that all considerations which are proper to be taken into account are placed before the court, whether they relate to the interests of the fund or of the assisted person or to the remuneration of solicitors and counsel acting for assisted persons.

• (5) On any review in which a solictor appointed by the Lord Chancellor has intervened, the judge may make such order as may be just for the payment to or by that solicitor of the costs incurred by him or any other party, and any sum due to the solicitor by virtue of any such order shall be paid by him to the Board and any sum so payable by the solicitor shall be paid out of the fund, and the solicitor shall be entitled to receive from the fund the costs he has incurred on the intervention.

• (6) A solicitor appointed by the Lord Chancellor under paragraph (1) may appeal from the decision of the judge on a review of taxation under regulation 115 and paragraphs (2) to (5) above shall apply to such an appeal as it applies to a review.

PART XIII — COSTS AWARDED AGAINST AN ASSISTED PERSON

Security for costs given by assisted person

123

Where in any proceedings an assisted person is required to give security for costs, the amount of such security shall not exceed the amount which could be ordered under section 17(1) of the Act.

Assisted person’s liability for costs

124

• (1) Where proceedings have been concluded in which an assisted person (including, for the purpose of this regulation, a person who was an assisted person in respect of those proceedings) is liable or would have been liable for costs if he had not been an assisted person, no costs attributable to the period during which his certificate was in force shall be recoverable from him until the court has determined the amount of his liability in accordance with section 17(1) of the Act.

• (2) Where the assisted person’s certificate does not relate to, or has been amended so that it no longer relates to the whole of the proceedings, the court shall nevertheless make a determination under section 17(1) of the Act in respect of that part of the proceedings to which the certificate relates.

• (3) The amount of an assisted person’s liability for costs shall be determined by the court which tried or heard the proceedings.

Affidavit of means by unassisted party

125

• (1) Any person, not being himself an assisted person, who is a party to proceedings (other than authorised summary proceedings) to which an assisted person is a party, may file in the appropriate court office or registry an affidavit exhibiting a statement setting out the rate of his own income and amount of his own capital and any other facts relevant to the determination of his means in accordance with section 17(1) of the Act.

• (2) Any person filing an affidavit under paragraph (1) shall serve a copy of it, together with the exhibit, upon the assisted person’s solicitor, who shall forthwith serve him with a copy of the certificate and shall send a copy of the affidavit to the Area Director.

Determination of liability for costs

126

In determining the amount of the assisted person’s liability for costs–

• (a) his dwelling-house, clothes, household furniture and the tools and implements of his trade shall be left out of account to the like extent as they are left out of account by the assessment officer in determining his disposable income and disposable capital; and

• (b) any document which may have been sent to the court office or registry or filed or exhibited under these Regulations shall, subject to regulation 128, be evidence of the facts stated therein.

Postponement, adjournment or referral of determination

127

The court may, if it thinks fit,–

• (a) postpone or adjourn the determination for such time and to such place (including chambers) as the court thinks fit; or

• (b) refer to a master, registrar or the Clerk of the Parliaments or (in the case of an appeal from a decision of the Crown Court or a court of summary jurisdiction) to the chief clerk or clerk to the justices of the court from which the appeal is brought, for investigation (in chambers or elsewhere) any question of fact relevant to the determination, and require him to report his findings on that question to the court.

Oral examination of parties

128

• (1) The court may, if it thinks fit, order the assisted person and any party who has filed an affidavit pursuant to regulation 125 to attend for oral examination as to his means and as to any other facts (whether stated in any document before the court or otherwise) which may be relevant to the determination of the amount of the assisted person’s liability for costs and may permit any party to give evidence and call witnesses.

• (2) Where the court has made an order under regulation 127(b), the person to whom the matter has been referred for investigation may exercise the power conferred on the court by this regulation.

Order for costs

129

The court may direct–

• (a) that payment under the order for costs shall be limited to such amount, payable in instalments or otherwise (including an amount to be determined on taxation), as the court thinks reasonable having regard to all the circumstances; or

• (b) where the court thinks it reasonable that no payment should be made immediately or that the assisted person should have no liability for payment, that payment under the order for costs be suspended either until such date as the court may determine or indefinitely.

Variation of order for costs

130

The party in whose favour an order for costs is made may, within six years from the date on which it was made, apply to the court for the order to be varied on the ground that–

• (a) material additional information as to the assisted person’s means, being information which could not have been obtained by that party with reasonable diligence at the time the order was made, is available; or

• (b) there has been a change in the assisted person’s circumstances since the date of the order;

and on any such application the order may be varied as the court thinks fit; but save as aforesaid the determination of the court shall be final.

Assisted person acting in representative, fiduciary or official capacity

131

Where an order for costs is made against an assisted person who is concerned in the proceedings in a representative, fiduciary or official capacity, he shall have the benefit of section 17(1) of the Act and his personal resources shall not (unless there is reason to the contrary) be taken into account for that purpose, but regard shall be had to the value of the property or estate, or the amount of the fund out of which he is entitled to be indemnified.

Assisted person a minor

132

Where a minor is an assisted person, his means for the purpose of determining his liability for costs under section 17(1) of the Act shall be taken as including the means of any person whose resources have been taken into account under the Civil Legal Aid (Assessment of Resources) Regulations 1989[^f00044] by the assessment officer in assessing the disposable income and disposable capital of the minor.

Order against next friend or guardian ad litem

133

Where an order for costs is made against a next friend or guardian ad litem of an assisted person who is a minor or patient, he shall have the benefit of section 17(1) of the Act as it applies to an assisted person and the means of the next friend or guardian ad litem shall, for the purposes of regulation 132, be taken as being the means of the minor or, as the case may be, of the patient.

PART XIV — COSTS OF UNASSISTED PARTIES OUT OF THE FUND

Time and form of application

134

• (1) An application for an order under section 18 of the Act may be made at any time and in any manner in which an application for an order for costs might be made in respect of the same proceedings if none of the parties were receiving legal aid.

• (2) Any proceedings in respect of which a separate certificate could properly be issued shall be treated as separate proceedings for the purposes of section 18 of the Act.

Unassisted party acting in representative, fiduciary or official capacity

135

Where an unassisted party is concerned in proceedings only in a representative, fiduciary or official capacity, then for the purposes of section 18(4)(b) of the Act the court shall not take into account his personal resources, but shall have regard to the value of the property, estate or fund out of which the unassisted party is entitled to be indemnified and may in its discretion also have regard to the resources of the persons, if any, including the unassisted party where appropriate, who are beneficially interested in that property, estate or fund.

Appearance by unassisted party and Area Director

136

• (1) The unassisted party and the Area Director may appear at any hearing or inquiry under Parts XIII and XIV of these Regulations.

• (2) The Area Director may, instead of appearing, submit written representations concerning the application and such representations shall be–

• (a) supported by an affidavit sworn by the Area Director; and

• (b) sent to the proper officer of the court, with a copy to the unassisted party, not less than 7 days before the hearing or inquiry to which they relate.

Applications in respect of magistrates' court proceedings

137

• (1) Where an application for an order under section 18 of the Act is made in respect of authorised summary proceedings, the court, instead of making an order forthwith, may in its discretion either

• (a) adjourn the hearing of the application; or

• (b) dismiss the application.

• (2) If the court adjourns the hearing of the application, the unassisted party shall swear an affidavit of costs and resources containing the matters specified in Schedule 2, which he shall produce at the adjourned hearing and, not less than 21 days before the adjourned hearing, the unassisted party shall serve notice of the date and time of the hearing on the Area Director, with a copy of his affidavit of costs and resources together with any exhibits and supporting documents.

Applications in respect of county court proceedings

138

On application for an order under section 18 of the Act made in respect of proceedings in or on appeal from a county court, the court shall not make an order under that section forthwith, but may in its discretion–

• (a) refer the application to the registrar for hearing and determination; or

• (b) adjourn the application; or

• (c) dismiss the application,

and, in this regulation and regulations 139 to 142, “registrar” means the registrar of the county court in which the proceedings were tried or determined or from which the appeal was brought.

Procedure where application referred to registrar for determination

139

Where a court in accordance with regulation 138(a) refers an application to the registrar for hearing and determination–

• (a) the provisions of regulation 142 shall apply as if the registrar were the court and the court had adjourned the hearing of the application to a date to be fixed; and

• (b) the unassisted party or the Area Director may appeal to the judge on a point of law from the registrar’s determination within 14 days of the date on which it was given.

Reference to registrar for inquiry and report

140

The court may, if it adjourns the hearing of an application in accordance with regulation 138(b), make an order referring it to the registrar for inquiry and report; and, if such an order is made,–

• (a) the court shall serve a copy of its order on the unassisted party;

• (b) within 21 days of the court making its order (or such longer time as the court may allow), the unassisted party shall file an affidavit of costs and resources (with any exhibits and supporting documents) together with a copy; and

• (c) the court shall serve a copy of its order and of the unassisted party’s affidavit of costs and resources filed under sub-paragraph (b) on the Area Director.

Procedure on inquiry and report

141

• (1) As soon as a copy of the order of the court and the affidavit of costs and resources have been served on the Area Director in accordance with regulation 140(1)(c), the registrar shall give the unassisted party and the Area Director not less than 21 days' notice of the date and time when he proposes to conduct his inquiry.

• (2) In exercising his functions under this regulation, the registrar shall have the same powers as a taxing officer has in the exercise of his functions under the County Court Rules 1981[^f00045].

• (3) On completing his inquiry, the registrar shall report to the court in writing, and shall at the same time send a copy of his report to the unassisted party and the Area Director.

• (4) When the court has received the registrar’s report, it shall give the unassisted party and the Area Director 21 days' notice of the day appointed for the hearing and determination of the application in chambers.

Procedure where application adjourned

142

If the court adjourns the hearing of an application in accordance with regulation 138(b) but does not refer it to the registrar for inquiry and report,–

• (a) within 21 days of the adjournment, the unassisted party shall file an affidavit of costs and resources (with any exhibits and supporting documents) together with a copy; and

• (b) not less than 21 days before the adjourned hearing, the court shall serve on the Area Director notice of the date fixed together with a copy of the affidavit of costs and resources filed under sub-paragraph (a).

Applications in respect of proceedings in the Supreme Court and House of Lords

143

• (1) On an application for an order under section 18 of the Act made in respect of proceedings in the Supreme Court (except proceedings on appeal from a county court) or in the House of Lords, the court shall not make an order forthwith, but may in its discretion–

• (a) refer the application to a master or registrar for hearing and determination; or

• (b) adjourn the hearing of the application; or

• (c) dismiss the application,

and, in relation to proceedings in the Court of Appeal, “registrar” means the registrar of civil appeals or, in respect of appeals from the Employment Appeal Tribunal or from the Restrictive Practices Court, the registrar of that Tribunal or Court, as the case may be.

• (2) Where the application is referred to a registrar under paragraph (1)(a), the provisions of regulations 139 and 142 shall apply with any necessary modifications.

Procedure where application referred to master for determination

144

Where the court in accordance with regulation 143(1)(a) refers the application to a master for hearing and determination–

• (a) the provisions of regulation 147 shall apply as if the master were the court and the court had adjourned the hearing of the application to a date to be fixed; and

• (b) the master shall have the same powers as a taxing officer has in the exercise of his functions under Order 62 of the Rules of the Supreme Court 1965[^f00046]; and

• (c) the unassisted party or the Area Director may appeal to a judge in chambers on a point of law within 14 days from the determination of the master.

Reference to master for inquiry and report

145

The court may, if it adjourns the hearing of an application in accordance with regulation 143(1)(b), make an order referring it to the master for inquiry and report; and if, such an order is made, then within 21 days of the court making the order (or such longer time as the master may allow) the unassisted party shall–

• (a) file an affidavit of costs and resources;

• (b) lodge a copy of the order of the court and of his affidavit of costs and resources, together with original exhibits and any other documents necessary to support the affidavit, with the master; and at the same time

• (c) serve a copy of the order of the court and of his affidavit of costs and resources (and of any exhibits and supporting documents) on the Area Director.

Procedure on inquiry and report

146

• (1) Where the unassisted party has complied with the requirements of regulation 145, the master shall give the unassisted party and the Area Director not less than 21 days' notice of the date and time when he proposes to conduct his inquiry.

• (2) In exercising his functions under this regulation, the master shall have the same powers as a taxing officer has in the exercise of his functions under Order 62 of the Rules of the Supreme Court 1965.

• (3) On completing his inquiry, the master shall report to the court in writing, and shall at the same time send a copy of his report to the unassisted party and to the Area Director.

• (4) When the court has received the report of the master, the unassisted party shall seek an appointment for the hearing and determination of the application in chambers, and shall give the Area Director not less than 21 days' notice of the date and time so fixed.

Procedure where application adjourned

147

If the court adjourns the hearing of an application in accordance with regulation 143 but does not refer it for inquiry and report, then–

• (a) within 21 days of the adjournment, the unassisted party shall file an affidavit of costs and resources together with original exhibits and any other documents necessary to support the affidavit; and

• (b) not less than 21 days before the adjourned hearing, the unassisted party shall serve notice on the Area Director of the date and time of the adjourned hearing together with a copy of his affidavit of costs and resources (and of any exhibits and supporting documents).

PART XV — PARTICULAR COURTS AND TRIBUNALS

The Lands Tribunal

148

• (1) In this regulation–

• “the tribunal” means the Lands Tribunal established by section 1(1)(b) of the Lands Tribunal Act 1949[^f00047] and

• “the registrar” means the registrar of the tribunal.

• (2) Except in so far as otherwise provided by this regulation, these Regulations shall apply to applications for legal aid for proceedings in the tribunal and in the conduct of all proceedings in it for which a certificate is granted in like manner as they apply to applications for legal aid for, and the conduct of, proceedings in any court.

• (3) Where any power to do any act or exercise any jurisdiction or discretion is conferred by these Regulations on a court it shall be exercised by the tribunal and may, unless it is exercisable only during the hearing of the proceedings, be exercised by the registrar.

• (4) Notwithstanding anything in regulation 105 or 107, the following provisions shall have effect in relation to proceedings in the tribunal to which an assisted person is a party–

• (a) where a final decision is given in writing by the tribunal, it shall, in addition to any direction as to costs, contain a direction that the costs of any assisted person shall be taxed on the standard basis and the costs shall be so taxed by the registrar;

• (b) where the proceedings are brought to an end without a direction having been given under sub-paragraph (a), the costs of any assisted person shall be taxed by the registrar on the standard basis; and

• (c) in taxing the costs of any assisted person the registrar shall have power to determine as the appropriate scale for the taxation, one of the scales of costs for the time being prescribed by the County Court Rules 1981[^f00048].

The Employment Appeal Tribunal

149

• (1) In this regulation–

• “the Appeal Tribunal” means the Employment Appeal Tribunal established under section 135(1) of the Employment Protection (Consolidation) Act 1978[^f00049]; and

• “the registrar” means the registrar of the Appeal Tribunal and includes any officer of the Appeal Tribunal authorised to act on behalf of the registrar.

• (2) Except in so far as otherwise provided by this regulation, these Regulations shall apply to applications for legal aid for proceedings in the Appeal Tribunal and to the conduct of all proceedings in it for which a certificate is granted, in the same way as they apply to applications for legal aid for, and the conduct of, proceedings in any court.

• (3) Where any power to do any act or exercise any jurisdiction or discretion is conferred by these Regulations on a court, it shall, in relation to proceedings in the Appeal Tribunal, be exercised by that Tribunal and may, unless it is exercisable only during the hearing of the proceedings by a judge or member of the Appeal Tribunal or by the Appeal Tribunal as required to be constituted by paragraph 16 of Schedule 11 to the Employment Protection (Consolidation) Act 1978, be exercised by the registrar.

• (4) Where it appears to the Area Director that an application for a certificate relates to proceedings in the Appeal Tribunal which are likely to be conducted in Scotland, he shall transmit the application forthwith to the Chief Executive of the Legal Aid Board in Scotland and shall notify the applicant and his solicitor accordingly.

• (5) Where it appears to the Area Director doubtful whether the proceedings to which an application for a certificate relates will be conducted in the Appeal Tribunal in England and Wales or in Scotland, he shall request the registrar to determine that question and that determination shall be binding upon the Area Director.

• (6) Where a certificate has been issued and there is a change of circumstances regarding the conduct of the proceedings in that, by direction of the Appeal Tribunal, they will be wholly or partly conducted in Scotland–

• (a) the certificate shall remain in force;

• (b) the assisted person shall continue to be represented in the proceedings in Scotland by the solicitor who represented him in England and that solicitor may instruct either a member of the English or the Scottish Bar; and

• (c) no question as to the propriety of appearing in Scotland shall be raised on a taxation or on an assessment in accordance with regulation 105.

• (7) The costs of an assisted person in respect of proceedings in the Appeal Tribunal shall be assessed in accordance with regulation 105 or taxed on the standard basis by a taxing master of the Supreme Court and the provisions of Order 62 of the Rules of the Supreme Court 1965 shall apply, with the necessary modifications, to the taxation of those costs as if the proceedings in the Appeal Tribunal were a cause or matter in the Supreme Court.

The Commons Commissioners

150

• (1) In this regulation, “a commissioner” means a Commons Commissioner appointed under section 17(1) of the Commons Registration Act 1965[^f00050].

• (2) Except in so far as otherwise provided by this regulation, these Regulations shall apply to applications for legal aid for proceedings before a commissioner and to the conduct of all proceedings before him for which a certificate is granted, in the same way as they apply to applications for legal aid for, and the conduct of, proceedings in any court.

• (3) Where any power to do any act or exercise any jurisdiction or discretion is conferred on a court by these Regulations, it shall, in relation to proceedings before a commissioner, be exercised by him.

• (4) The costs of an assisted person in respect of proceedings before a commissioner shall be taxed (or assessed) as if they were costs of proceedings in a county court.

The Restrictive Practices Court

151

• (1) In this regulation–

• “the Court” means the Court established by section 1 of the Restrictive Practices Court Act 1976[^f00051], and

• “the proper officer of the Court” shall have the same meaning as in the Restrictive Practices Court Rules 1976[^f00052].

• (2) Except in so far as otherwise provided by this regulation, these Regulations shall apply to applications for legal aid for proceedings in the Court under Part III of the Fair Trading Act 1973[^f00053] and to any proceedings in the Court in consequence of an order made, or undertaking given to the Court, under that Part of that Act, and to the conduct of all such proceedings for which a certificate is granted, in the same way as they apply to applications for legal aid for, and the conduct of, proceedings in any court.

• (3) Where any power to do any act or exercise any jurisdiction or discretion is conferred by these Regulations on a court it shall in relation to proceedings in the Court be exercised by that Court and may, unless it is exercisable only during the hearing of any proceedings by a judge or by the Court, be exercisable by the proper officer of the Court.

• (4) Where it appears to the Area Director that an application for a certificate relates to proceedings in the Court which are likely to be conducted in Scotland or Northern Ireland, he shall transmit the application forthwith to the Chief Executive of the Legal Aid Board in Scotland or the Secretary of the Legal Aid Department of the Incorporated Law Society of Northern Ireland, as the case may be, and shall notify the applicant and his solicitor accordingly.

• (5) Where it appears to the Area Director doubtful whether the proceedings to which an application for a certificate relates will be conducted in the Court in England and Wales or in Scotland or Northern Ireland, he shall request the proper officer of the Court to determine that question and that determination shall be binding upon the Area Director.

• (6) Where a certificate has been issued and there is a change of circumstances regarding the conduct of the proceedings in that, by order of the Court, they will be wholly or partly conducted in Scotland or Northern Ireland–

• (a) the certificate shall remain in force; and

• (b) for any proceedings in Scotland–

• (i) the assisted person shall continue to be represented in the proceedings by the solicitor who represented him in England and Wales and that solicitor may instruct a member of the English or the Scottish Bar; and

• (ii) no question as to the propriety of appearing in Scotland shall be raised on a taxation or on an assessment in accordance with regulation 105; and

• (c) for any proceedings in Northern Ireland, the assisted person shall continue to be represented in the proceedings by the solicitor who represented him in England and Wales and that solicitor shall instruct as his agent a solicitor on the panel maintained by the Incorporated Law Society of Northern Ireland of solicitors willing to act for assisted persons before the Court.

• (7) The costs of an assisted person in respect of proceedings in the Court shall be assessed in accordance with regulation 105 or taxed on the standard basis by a taxing master of the Supreme Court, and the provisions of Order 62 of the Rules of the Supreme Court 1965 shall apply, with the necessary modifications, to the taxation of those costs as if the proceedings in the Court were a cause or matter in the Supreme Court.

SCHEDULE 1 — REGULATIONS REVOKED

Title	Reference
The Legal Aid (General) Regulations 1980	S.I. 1980/1894
The Legal Aid (General) (Amendment) Regulations 1981	S.I. 1981/173
The Legal Aid (General) (Amendment) Regulations 1982	S.I. 1982/1892
The Legal Aid (General) (Amendment) Regulations 1983	S.I. 1983/424
The Legal Aid (General) (Amendment No. 2) Regulations 1983	S.I. 1983/1483
The Legal Aid (General) (Amendment) Regulations 1986	S.I. 1986/272
The Legal Aid (General) (Amendment) (No. 2) Regulations 1986	S.I. 1986/1186
The Legal Aid (General) (Amendment) (No. 3) Regulations 1986	S.I. 1986/2135
The Legal Aid (General) (Amendment) Regulations 1988	S.I. 1988/460
The Legal Aid (General) (Amendment) (No. 2) Regulations 1988	S.I. 1988/1938

SCHEDULE 2 — MATTERS TO BE INCLUDED IN AN AFFIDAVIT OF COSTS AND RESOURCES

1

An estimate of the unassisted party’s inter partes costs of the proceedings in respect of which his application is made, supported by–

• (a) particulars of the estimated costs in the form of a summary bill of costs; and

• (b) all necessary documentary evidence to substantiate each item in the bill.

2

A statement, supported by evidence, of the unassisted party’s financial resources of every kind during the period beginning three years before his application is made, and of his estimated future financial resources and expectations.

3

A declaration that to the best of his knowlede and belief the unassisted party has not, and at any relevant time has not had and will not have any financial resources or expectations not specified in the statement described in paragraph 2 above.

4

A declaration that the unassisted party has not at any time deliberately foregone or deprived himself of any financial resources or expectations with a view to furthering his application.

5

A statement supported by evidence of the unassisted party’s reasonable financial commitments during the period covered by his statement described in paragraph 2 above, including, if desired, his estimated solicitor and own client costs of the proceedings in respect of which his application is made.

6

• (1) If the unassisted party has, or at any relevant time has had, a spouse, his statements and declarations described in paragraphs 2 to 5 above shall also take account of and (to the best of his knowledge and belief) specify that spouse’s financial resources, expectations and commitments, unless he or she had a contrary interest to the unassisted party in the proceedings in respect of which his application is made, or the unassisted party and his spouse are or at the relevant time were living separate and apart, or for some other reason it would be either inequitable or impracticable for the unassisted party to comply with the requirements of this paragraph.

• (2) Paragraph (1) shall apply to a man and woman who are living with each other in the same household as husband and wife as it applies to the parties to a marriage.

7

Full particulars of any application for legal aid made by the unassisted party in connection with the proceedings in respect of which his application is made, including the date and reference number of any such application and the Area Director to whom it was made.

Signed

Mackay of Clashfern, C. — Dated 28th February 1989

We consent,

Kenneth Carlisle — Alan Howarth — Two of the Lords Commissioners of Her Majesty’s Treasury — Dated 3rd March 1989

Explanatory note

(This note is not part of the Regulations)

These Regulations replace, with amendments, the Legal Aid (General) Regulations 1980 (as subsequently amended). The main changes made reflect the transfer of responsibility for administration of the legal aid scheme from the Law Society to the Legal Aid Board established by the Legal Aid Act 1988.

Other important changes are–

• (a) to require an assisted person’s solicitor, where the Board makes such a request, to certify that it is reasonable for the assisted person to continue to receive legal aid (regulation 70(2), (3));

• (b) to make provision for payments on account of costs and fees incurred by solicitors and counsel and of disbursements (regulations 100, 101);

• (c) to make fresh provision for the deferment of solicitors' profit costs (regulation 102);

• (d) to provide for work done immediately prior to the issue of an emergency certificate to be deemed in certain circumstances to be work done under the certificate (regulation 103(6));

• (e) to provide (subject to the transitional provision in regulation 1(3)) for the assessment of costs by Area Directors, for reviews of such assessments by area committees, and for appeals from such reviews to a committee appointed by the Board (regulations 104, 105 and 106);

• (f) to require solicitors to inform counsel where counsel’s fees are reduced or disallowed on assessment or taxation (regulations 105(8), 106(3) and 112); and

• (g) to enable assisted persons who have a financial interest in the taxation of costs to take steps to safeguard their interest (regulation 119).

Footnotes

[^f00001]: 1988 c. 34; section 43 is an interpretation provision and is cited because of the meanings assigned to the words “prescribed” and “regulations”.

[^f00002]: S.I. 1989/338.

[^f00003]: S.I. 1978/1910, amended by S.I. 1980/1964.

[^f00004]: 1973 c. 18; section 50 was amended by the Domicile and Matrimonial Proceedings Act 1973 (c. 45), section 6(2), by the Inheritance (Provision for Family and Dependents) Act 1975 (c. 63), section 26(2), Schedule, by the Children Act 1975 (c. 72), section 108, Schedule 3, paragraph 79, by the Administration of Justice Act 1977 (c. 38), Schedule 5 Part VI, by the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), section 89, Schedule 2, paragraph 40, by the Matrimonial Homes Act 1983 (c. 19), Schedule 2, by the County Courts Act 1984 (c. 28), section 148, Schedule 2 Part V paragraph 44, and by the Family Law Act 1986 (c. 55), sections 64, 68, Schedule 1, paragraph 15.

[^f00005]: 1882 c. 75; section 17 was amended by the Statute Law (Repeals) Act 1969 (c. 52), Schedule Part III and the Matrimonial and Family Proceedings Act 1984 (c. 42), section 43.

[^f00006]: 1983 c. 19; section 1 and Schedule 1 were amended by the Housing (Consequential Provisions) Act 1985 (c. 71), section 4, Schedule 2, paragraph 56; Schedule 1 was also amended by the Matrimonial and Family Proceedings Act 1984 (c. 42), section 46, Schedule 3.

[^f00007]: 1976 c. 50.

[^f00008]: 1983 c. 20.

[^f00009]: S.I. 1965/1776; the relevant amending instrument is S.I. 1986/632.

[^f00010]: 1985 c. 60.

[^f00011]: 1972 c. 18.

[^f00012]: 1982 c. 27.

[^f00013]: S.I. 1979/1317, amended by S.I. 1981/837, 1545, 1674 and 1983/885, 1523.

[^f00014]: S.I. 1989/338.

[^f00015]: 1971 c. 3.

[^f00016]: 1973 c. 29.

[^f00017]: 1976 c. 50.

[^f00018]: 1981 c. 54.

[^f00019]: 1984 c. 28.

[^f00020]: S.I. 1965/1776; relevant amending instruments are S.I. 1971/1955 and 1983/1181.

[^f00021]: S.I. 1977/344; the relevant amending instrument is S.I. 1986/634.

[^f00022]: S.I. 1989/338.

[^f00023]: S.I. 1989/338.

[^f00024]: S.I. 1965/1776; the relevant amending instrument is S.I. 1980/1010.

[^f00025]: S.I. 1981/1687; the relevant amending instrument is S.I. 1982/1794.

[^f00026]: 1975 c. 63.

[^f00027]: 1973 c. 18; section 27 was amended by the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), section 63(3) and section 35 was amended by the Matrimonial and Family Proceedings Act 1984 (c. 42), section 46, Schedule 1, paragraph 13.

[^f00028]: 1882 c. 75; section 17 was amended by the Statute Law (Repeals) Act 1969 (c. 52), Schedule Part III and by the Matrimonial and Family Proceedings Act 1984 (c. 42), section 43.

[^f00029]: 1957 c. 55; section 4(2) was amended by the Affiliation Proceedings (Amendment) Act 1972 (c. 49), section 1(2) and by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), section 50(1); the 1957 Act is repealed (as from a day to be appointed) by the Family Law Reform Act 1987 (c. 42), sections 33, 34(2), Schedule 4.

[^f00030]: 1980 c. 43.

[^f00031]: 1978 c. 22; sections 6 and 11 were amended by the Matrimonial and Family Proceedings Act 1984 (c. 42), sections 10, 46, Schedule 1, paragraph 23; section 20 was amended by the Matrimonial and Family Proceedings Act 1984 (c. 42), section 11 and is repealed (as from a day to be appointed) by the Family Law Reform Act 1987 (c. 42), sections 33, 34(2), Schedule 4.

[^f00032]: 1971 c. 3; the provisions referred to were amended by the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), sections 36(1)(a), 41(2) to (4) and are repealed (as from a day to be appointed) by the Family Law Reform Act 1987 (c. 42), sections 10, 11, 34(2).

[^f00033]: Sections 11B, 11C and 11D are inserted, as from a day to be appointed, by the Family Law Reform Act 1987 (c. 42), sections 12 to 14, 33, 34; the 1971 Act, as amended, is set out in Schedule 1 to the 1987 Act.

[^f00034]: 1975 c. 72; sections 34(1) and 35 were amended by the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), sections 64, 66; section 35 is amended (as from a day to be appointed) by the Family Law Reform Act 1987 (c. 42), sections 33, 34(2), Schedule 2, paragraph 62.

[^f00035]: 1972 c. 61; section 2 was amended by the Finance Act 1975 (c. 7), section 52, Schedule 12, paragraphs 2, 18(1)–(3), by the Local Land Charges Act 1975 (c. 76), section 17(1)(b), 19, Schedule 2, by the Finance Act 1977 (c. 36), section 59, Schedule 9 Part V, by the Matrimonial Homes Act 1983 (c. 19), Schedule 2 and by the Capital Transfer Act 1984 (c. 51), Schedule 8, paragraph 3(1).

[^f00036]: 1925 c. 21.

[^f00037]: 1882 c. 75.

[^f00038]: 1973 c. 18.

[^f00039]: 1975 c. 63.

[^f00040]: 1974 c. 47; section 22 was amended by the Administration of Justice Act 1985 (c. 61), section 6.

[^f00041]: S.I. 1989/343.

[^f00042]: S.I. 1965/1776; the relevant amending instrument is S.I. 1986/632.

[^f00043]: S.I. 1981/1687; the relevant amending instrument is S.I. 1986/636.

[^f00044]: S.I. 1989/338.

[^f00045]: S.I. 1981/1687.

[^f00046]: S.I. 1965/1776; the relevant amending instrument is S.I. 1986/632.

[^f00047]: 1949 c. 42.

[^f00048]: S.I. 1981/1687; the relevant amending instrument is S.I. 1986/636.

[^f00049]: 1978 c. 44; section 135(1) was amended by the Employment Act 1980 (c. 42), Schedule 2.

[^f00050]: 1965 c. 64.

[^f00051]: 1976 c. 33.

[^f00052]: S.I. 1976/1897; the relevant amending instrument is S.I. 1982/871.

[^f00053]: 1973 c. 41.