- Latest available (Revised)
- Original (As enacted)
Legal Aid, Sentencing and Punishment of Offenders Act 2012, Section 23 is up to date with all changes known to be in force on or before 01 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)An individual to whom services are made available under this Part is not to be required to make a payment in connection with the provision of the services, except where regulations provide otherwise.
(2)The regulations may, in particular, provide that in prescribed circumstances an individual must do one or more of the following—
(a)pay the cost of the services;
(b)pay a contribution in respect of the cost of the services of a prescribed amount;
(c)pay a prescribed amount in respect of administration costs.
(3)The regulations may, in particular, provide that where—
(a)civil legal services are provided to an individual under this Part in relation to a dispute, and
(b)prescribed conditions are met,
the individual must pay a prescribed amount which may exceed the cost of the civil legal services provided.
(4)The regulations may, in particular, make provision about the determination of the cost of services for the purposes of the regulations.
(5)The regulations may, in particular—
(a)provide for an individual's liability under the regulations to make a payment to change or cease in prescribed circumstances,
(b)provide for an individual's liability under the regulations to arise on a determination by a prescribed person,
(c)provide for such a determination to be varied or withdrawn by a prescribed person, and
(d)provide for the review of such a determination in respect of an individual's liability to make a payment.
(6)The regulations may, in particular, provide that an individual is to be treated, for the purposes of the regulations, as having or not having financial resources of a prescribed description.
(7)Regulations under subsection (6) may, in particular, provide that the individual is to be treated as having prescribed financial resources of a person of a prescribed description.
(8)The regulations may, in particular, include provision for an amount to be payable entirely or partly—
(a)by periodical payments;
(b)by one or more lump sums;
(c)out of income;
(d)out of capital.
(9)The regulations may, in particular, include—
(a)provision requiring information and documents to be provided,
(b)provision about the time and manner in which payments must be made,
(c)provision about the person to whom payments must be made, and
(d)provision about what that person must do with the payments.
(10)The regulations may, in particular, make provision for the payment by an individual of interest, on such terms as may be prescribed, in respect of—
(a)a loan made to the individual under this Part,
(b)a payment in connection with the provision of services which is not required by the regulations to be made by the individual until after the time when the services are provided, and
(c)so much of a payment as remains unpaid after the time when it is required by the regulations to be made by the individual.
(11)The regulations—
(a)must make provision for the repayment to an individual of any amount in excess of the individual's liability under the regulations or under section 24, and
(b)may make provision for the payment of interest on the excess.
(12)In this section—
“administration costs” means costs in connection with the administration of legal aid, including the administration of charges arising under section 25;
“prescribed amount” includes an amount calculated in a prescribed manner.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: