33 Fees and outlays of solicitors and counsel.S
(1)[F1Subject to subsections (3A) and (3B) below,] any solicitor or counsel who acts for any person by providing legal aid or advice and assistance under this Act shall be paid out of the Fund in accordance with section 4(2)(a) of this Act in respect of any fees or outlays properly incurred by him in so acting.
(2)The Secretary of State may, by regulations made under this section, make such provision as seems to him appropriate in respect of the fees and outlays of solicitors and counsel—
(a)acting in any proceedings for a person to whom legal aid has been made available; or
(b)providing advice and assistance in accordance with Part II of this Act.
(3)Without prejudice to the generality of subsection (2) above, regulations made under this section may—
(a)prescribe the work in respect of which fees may be charged;
(b)prescribe rates or scales of payment of fees and outlays allowable and the conditions under which such fees and outlays may be allowed;
(c)provide for the assessment and taxation of fees and outlays, and for the review of any such assessmen or taxation, either by the Secretary of State or by any other person;
(d)prescribe general principles to be applied in connection with any such assessment, taxation or review;
(e)prescribe forms to be used for the purposes of any regulations made under this section; and
(f)make different provision for different cases.
[F2(3A)The Secretary of State may by regulations under this section prescribe fixed payments to be made to a solicitor in respect of—
(a)his professional services in providing criminal legal assistance; and
(b)such outlays as may be so prescribed.
(3B)A solicitor who provides any criminal legal assistance in respect of which a fixed payment has been prescribed in regulations made under subsection (3A) above shall not be entitled to any other payment out of the Fund in respect of the professional services and outlays mentioned in that subsection, but shall be entitled to reimbursement of any other outlays which he has properly incurred.]
(4)In subsection (1) above the reference to acting for a person includes, in relation to a solicitor, a reference to acting for such a person on the instructions of another solicitor.
(5)Where a person is in receipt of legal aid in connection with any proceedings, any expenses incurred in connection with the proceedings which would, if he were not in receipt of legal aid, be paid, in the first instance, by or on behalf of the solicitor acting for him, shall be so paid.
Subordinate Legislation Made
P1S. 33 power exercised by S.I. 1991/565 and 566.
P2S. 33: for previous exercises of this power see Index to Government Orders.
P3S. 33(2)(3) power exercised by S.I. 1991/567.
Textual Amendments
F1Words in s. 33(1) inserted (1.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 12(9); S.I. 1997/2323, art. 6(2)
F2S. 33(3A)(3B) inserted (1.10.1997) by 1997 c. 48, s.51; S.I. 1997/2323, art. 6, Sch.3