Civil Legal Aid (General) (Amendment) Regulations 1994
| Jurisdiction | UK Non-devolved |
| Citation | SI 1994/229 |
| Year | 1994 |
1994 No. 229
LEGAL AID AND ADVICE, ENGLAND AND WALES
The Civil Legal Aid (General) (Amendment) Regulations 1994
Made 2nd February 1994
Laid before Parliament 3rd February 1994
Coming into force 25th February 1994
The Lord Chancellor, in exercise of the powers conferred on him by sections 31, 34 and 43 of the Legal Aid Act 19881, having had regard to the matters specified in section 34(9) and having consulted the General Council of the Bar and the Law Society and with the consent of the Treasury, hereby make the following Regulations:
Citation, commencement and transitional provisions
1.—(1) These Regulations may be cited as the Civil Legal Aid (General) (Amendment) Regulations 1994 and shall come into force on 25th February 1994.
(2) Subject to paragraph (3) below, these Regulations apply to proceedings in respect of which a legal aid certificate is granted on or after 25th February 1994.
(3) Where a legal aid certificate was granted before 25th February 1994 to an assisted person whose solicitor represents any other assisted person in the same proceedings under a legal aid certificate granted on or after 25th February 1994, the provisions of these Regulations shall not apply as regards the costs payable under the later certificate.
(4) Proceedings in respect of which a legal aid certificate was issued before 25th February 1994 shall be treated as if these Regulations had not been made notwithstanding any amendment issued under Part VII on or after that date.
Interpretation
2. In these Regulations a reguation or Part referred to by number alone means the regulation or Part so numbered in the Civil Legal Aid (General) Regulations 19892.
Amendments to the Civil Legal Aid (General) (Regulations) 1989
3.—(1) In the Arrangement of Regulations—
(a)
(a) the following headings shall be inserted in the appropriate places:
“106A. Assessment and taxation where agreed costs have been paid.”;
“107A. Basis of taxation.
107 B. Recovery of costs.”;
(b)
(b) the words “and family proceedings” shall be omitted from the heading to regulation 104;
(c)
(c) the heading to regulation 106 shall be deleted.
4. In regulation 3—
(a) after the definition of “legal aid area” there shall be added the following definition:—
““legal aid only costs” means those costs which would not be allowed as inter partes costs, but which are payable from the fund subject to determination under regulation 107A(2);”;
(b) after the definition of “patient” there shall be added the following definition:—
““relevant authority” means the Area Director in the case of an assessment and the taxing officer in the case of a taxation;”;
(c) after the definition of “substantive certificate” there shall be added the following definition:—
““taxing officer” has the same meanings in relation to proceedings governed by Order 38 of the County Court Rules 19813, Order 62 of the Rules of the Supreme Court 19654and the Matrimonial Causes (Costs) Rules 19885respectively, as it has in those Rules.”.
5. Regulation 90 shall be amended by adding after paragraph (4) the following paragraph:—
“5 Where the assisted person’s solicitor pays moneys to the Board in accordance with this Regulation, he shall identify what sums relate to costs and what to damages.”.
6. Regulation 91 shall be amended by adding after paragraph 2 the following paragraphs:—
“2A The assisted person’s solicitor may take proceedings for the recovery of costs in the circumstances to which regulation 107B applies.
2B Where the Board has paid costs to which regulation 92(1)(b) refers, but those costs have not been reimbursed by payment from any other party in favour of the assisted person, the solicitor shall require the consent of the Area Director before taking proceedings to which paragraph (2A) refers.”.
7. The following shall be substituted for regulation 92:—
“Retention and payment out of moneys by the Board
92.—(1) The costs payable by the Board in respect of any work done under a certificate, after deduction of any sums paid under regulations 100 or 101 (payments on account), shall be—
(a)
(a) the legal aid only costs;
(b)
(b) any other costs determined under regulation 107A(2);
(c)
(c) where inter partes costs paid in favour of the assisted person are received by the Board, a sum equal to the amount by which the costs received exceed the costs referred to in sub-paragraph (b) above;
(d)
(d) where all the inter partes costs as agreed or determined in accordance with any direction or order given or made in the proceedings in favour of the assisted person are received by the Board together with interest, a sum equal to the balance of interest after deduction of interest on the costs to which sub-paragraph (b) refers.
(2) Upon receipt of moneys paid to it under this Part of the Regulations the Board shall retain—
(a)
(a) subject to regulation 103 and to paragraph (1)(c) and (d) above, any sum paid under an order or agreement for costs made in favour of the assisted person in respect of the period covered by his certificate;
(b)
(b) a sum equal to the amount (if any) by which any property recovered or preserved is charged for the benefit of the Board by virtue of section 16(6) of the Act;
(c)
(c) any costs of proceedings taken by the Board under regulation 91(1),
and shall pay the balance to the assisted person.”
8. In regulations 96(3)(b) and in regulation 97(4), for the references to “regulation 92(b)” in each of the places where those words appear in those regulations there shall be substituted “regulation 92(2)(b)”.
9. Regulation 100 shall be amended by inserting after paragraph (8) the following paragraph:—
“9 Claims for payments on account made under regulation 100(1), (2) or (6) or regulation 101(1)(b) shall be made at prescribed rates where such rates are prescribed for solicitors or counsel, as the case may be, in—
(a) the Legal Aid in Civil Proceedings (Remuneration) Regulations 19946; or
(b) the Legal Aid in Family Proceedings (Remuneration) Regulations 19917.”.
Regulation 104(2) shall be omitted.
10. Regulation 104(2) shall be omitted.
11. In regulation 105—
(a) the following shall be substituted for paragraph (1):—
“1 In this regulation and in regulation 106A, “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 under regulation 107A(2).”;
(b) at the beginning of paragraph (2) there shall be inserted “Subject to regulation 106A”;
(c) in paragraphs (2A), (3)(a) and (3)(d) for the words “on the standard basis” in each of the places at which those words occur, there shall be substituted “under regulation 107A(2)”;
(d) in paragraph (3) after the words “Subject to paragraph (2A)” there shall be inserted the words “and regulation 106A”;
(e) paragraph (3)(b) shall be omitted.
...
To continue reading
Request your trial