Legal Aid Act 1988

Prospective

3 In section 17 (contributions, etc.)—

(a) in subsection (1), for the words from “by the Board ” to “the Fund ” there shall be substituted the words “to contribute to the fees and outlays incurred by them (or on their behalf) ”;

[F1 (b) subsections (3) to (8) are repealed;]

[F1 (c) at the end there shall be added the following subsections—

“(9) Except insofar as regulations made under this section otherwise provide—

(a) any award of expenses to a legally assisted person; and

(b) any property (wherever situated) recovered or preserved for him in the proceedings for which he is legally assisted,

shall be paid initially to the Fund, to be applied towards—

(i) the fees and outlays incurred by or on behalf of the legally assisted person in those proceedings;

(ii) recouping any sums paid out of the fund on his behalf in respect of advice and assistance in relation to those proceedings or to any matter to which those proceedings relate.

(10) Where the solicitor acting for a legally assisted person is employed by the Board for the purposes of Part V of this Act, references in subsection (1) above and in section 33 of this Act to “fees and outlays ” include references to sums which would have been payable to that solicitor had he not been so employed.

(11) Nothing in subsection (9) above shall prejudice the power of the court to allow any damages or expenses to be set off.

(12) An account of expenses which—

(a) has been agreed between the board and the solicitor acting for the legally assisted person; or

(b) has been taxed,

shall not be liable to taxation by an auditor of court in any proceedings.”]

Textual Amendments

F1 Sch. 4 para. 3(b)(c) repealed (prosp.) (S.) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76), ss. 74(2), 75(2), Sch. 9