SCHEDULES

C1SCHEDULE 3 Criminal proceedings: Enforcement of Contribution Orders

Annotations:
Modifications etc. (not altering text)

Part II Orders made by the Board

Limitations on enforcement by proceedings

10

1

Any sum due under a contribution order shall not be recoverable, and payment of any such sum shall not be enforced until—

a

the conclusion of the proceedings for the purposes of which the relevant grant of representation was made; or

b

if earlier, the revocation or withdrawal of the relevant grant of representation.

2

In this paragraph—

a

“relevant grant of representation ”, in relation to a contribution order, means the grant of representation in connection with which the order was made; and

b

the reference to the proceedings for the purposes of which the relevant grant of representation was made includes, where the proceedings are proceedings before a magistrates’ court which result—

i

in the legally assisted person being committed to the Crown Court for trial or sentence, or

ii

in his case being remitted to a juvenile court in pursuance of section 56(1) of the Children and Young Persons Act 1933,

the proceedings before the Crown Court or that juvenile court.

11

Where a contribution order has been made in respect of a member of Her Majesty’s armed forces and the Secretary of State notifies the Board that any sum payable under the order will be recovered by deductions from the person’s pay, the Board shall not enforce payment of any sum unless and until the Secretary of State subsequently notifies it that the person is no longer a member of those forces and that sum has not been fully recovered.