Justices and Justices' Clerks (Costs) Regulations 2001

JurisdictionUK Non-devolved
CitationSI 2001/1296
Year2001

2001 No. 1296

JUSTICES OF THE PEACE, ENGLAND AND WALES

SUPREME COURT OF ENGLAND AND WALES

The Justices and Justices' Clerks (Costs) Regulations 2001

Made 30th March 2001

Coming into force 1st April 2001

The Lord Chancellor, in exercise of the powers conferred upon him by section 53A(4) of the Justices of the Peace Act 19971, makes the following Regulations, a draft of which has, in accordance with section 53A(5) of that Act, been laid before and approved by resolution of each House of Parliament:

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Justices and Justices' Clerks (Costs) Regulations 2001 and shall come into force on the second day after the day on which the Regulations are made.

Interpretation
S-2 Interpretation

Interpretation

2. In these Regulations—

“claim” means a claim for costs made by the receiving party;

“costs judge” means a taxing master of the Supreme Court;

“order” means an order of the court made under section 53A(3) of the Justices of the Peace Act 1997 that the Lord Chancellor make a payment in respect of the costs of a person in the proceedings;

“proceedings” means proceedings in respect of any act or omission of a justice of the peace or a justices' clerk in the execution (or purported execution) of his duty—

(i) as a single justice; or

(ii) as a justices' clerk exercising, by virtue of any statutory provision, any of the functions of a single justice;

“receiving party” means the person in whose favour the order is made.

The payment of costs by the Lord Chancellor
S-3 The payment of costs by the Lord Chancellor

The payment of costs by the Lord Chancellor

3. No order shall be made under section 53A(3) of the Justices of the Peace Act 1997 in favour of—

(a) a public authority; or

(b) a person acting—

(i) on behalf of a public authority, or

(ii) in his capacity as an official appointed by a public authority.

Determination of costs
S-4 Determination of costs

Determination of costs

4. Where the court makes an order, the amount of costs payable by the Lord Chancellor shall be determined in accordance with these Regulations.

Court order and determination of costs by the court
S-5 Court order and determination of costs by the court

Court order and determination of costs by the court

5.—(1) Except as provided for in paragraph (2), when making the order the court shall—

(a)

(a) determine such an amount as it considers sufficient reasonably to compensate the receiving party for any costs properly incurred by him in the proceedings, and

(b)

(b) specify that amount in the order.

(2) The amount of costs shall be determined by a costs judge in accordance with regulations 6 and 7 where—

(a)

(a) the hearing has lasted more than one day or there is insufficient time for the court to determine the costs on the day of the hearing, or

(b)

(b) the court considers that there is other good reason for the costs judge to determine the amount of costs.

(3) The court shall serve the order on the receiving party and on the Lord Chancellor together with, where paragraph (2) applies, notification that costs will be determined by a costs judge.

Determination of costs by a costs judge

Determination of costs by a costs judge

S-6 Where the amount of costs is to be determined by a costs judge,...

6.—(1)...

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