The Civil Legal Aid (Statutory Charge) Regulations 2013

Postponement of the enforcement of the statutory charge

22.—(1) The Lord Chancellor may postpone the enforcement of the statutory charge if—

(a) by order of the court or agreement, it relates—

(i) to property to be used as a home by the legally aided party or the legally aided party’s dependants; or

(ii) where the relevant proceedings are family proceedings, to money to pay for such a property;

(b) the Lord Chancellor is satisfied that the property referred to in paragraph (1)(a) will provide appropriate security for the statutory charge; and

(c) the Lord Chancellor considers that it would be unreasonable for the legally aided party to repay the amount of the charge.

(2) Where the Lord Chancellor postpones the statutory charge under this regulation, the Lord Chancellor must, as soon as it is possible to do so, take steps to secure the amount of the statutory charge by—

(a) registering a charge under the Land Registration Act 2002(1); or

(b) taking equivalent steps (whether in England and Wales or another jurisdiction) to protect the Lord Chancellor’s interest in the property.

(3) Where the legally aided party wishes to purchase a property in substitution for the property over which a charge (or equivalent) is registered by virtue of paragraph (2), the Lord Chancellor may release that charge if the Lord Chancellor—

(a) is satisfied that the new property will provide appropriate security for the statutory charge; and

(b) the Lord Chancellor takes the steps in paragraph (2) in relation to the new property.

(4) Without prejudice to the provisions of the Land Registration Act 2002 and the Land Charges Act 1972(2), all conveyances and acts done to defeat, or operating to defeat, any charge, shall, except in the case of a bona fide purchaser without notice, be void as against the Lord Chancellor.

(5) Where the enforcement of the statutory charge is postponed under this regulation—

(a) interest shall accrue for the benefit of the Lord Chancellor in accordance with regulation 25; and

(b) such interest is an amount for the purposes of the amount of the statutory charge under section 25(2) of the Act.

(1)

2002 c. 9.

(2)

1972 c. 61.