The Civil Legal Aid (Statutory Charge) Regulations 2013

Partial exceptions to the statutory charge

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6.—(1) The following amounts do not constitute a charge on any property recovered or preserved by the legally aided party in relevant proceedings or a relevant dispute—

(a)costs incurred by a provider as a result of fulfilling the provider’s statutory obligations to a legally aided party with a disability within the meaning of the Equality Act 2010(1);

(b)where a determination in relation to which a certificate is withdrawn (but not revoked) the cost of assessment proceedings, other than the cost of drawing up a bill for the purpose of those proceedings, under the—

(i)CPR, Part 47 (procedure for detailed assessment of costs and default provisions); or

(ii)Supreme Court Rules 2009, Part 7(2) (fees and costs).

(2) The following amounts do not constitute a charge on any costs payable to a legally aided party under a legally aided party’s costs order or costs agreement—

(a)any contribution owed by the legally aided party under regulations made under section 23(2)(b) of the Act (payment for services);

(b)legal aid only costs.

(3) In this regulation, “revoked” means that a determination has been withdrawn in circumstances in which the Director has exercised the power to revoke the determination under the Civil Legal Aid (Procedure) Regulations 2012.