The Legal Advice and Assistance Regulations 1989

Regulation 32

SCHEDULE 4 EXCEPTIONS TO CHARGE ON PROPERTY RECOVERED OR PRESERVED

The provisions of section 11(2)(b) of the Act shall not apply to–

(a) any periodical payment of maintenance, which for this purpose means money or money’s worth paid towards the support of a spouse, former spouse, child or any other person for whose support the payer has previously been responsible or has made payments;

(b) any property recovered or preserved for the client as a result of advice and assistance given to him by the solicitor which comprises the client’s main or only dwelling, or any household furniture or tools of trade;

(c) (without prejudice to (b) above) the first £2,500 of any money or of the value of any property recovered or preserved by virtue of–

(i) an order made or deemed to be made, under the provisions of section 23(1)(c) or (f), 23(2), 24, 27(6)(c) or (f), or 35 of the Matrimonial Causes Act 1973(1);

(ii) an order made, or deemed to be made, under the provisions of section 2 or 6 of the Inheritance (Provision for Family and Dependants) Act 1975(2);

(iii) an order made, or deemed to be made, under section 17 of the Married Women’s Property Act 1882(3); or

(iv) an order made, or deemed to be made, under the provisions of section 4(2)(b) of the Affiliation Proceedings Act 1957(4); or

(v) an order for the payment of a lump sum made, or deemed to be made, under the provisions of section 60 of the Magistrates' Courts Act 1980(5); or

(vi) an order made, or deemed to be made, under the provisions of section 2(1)(b) or (d), 6(1) or (5), 11(2)(b) or (3)(b) or 20(2) of the Domestic Proceedings and Magistrates' Courts Act 1978(6); or

(vii) an order made, or deemed to be made, under section 9(2)(b), 10(1)(b)(ii), 11(b)(ii) of the Guardianship of Minors Act 1971(7) or under section 11B, 11C or 11D of that Act(8); or

(viii) an order made, or deemed to be made, under section 34(1)(c) or 35 of the Children Act 1975(9); or

(ix) an agreement which has the same effect as an order made, or deemed to be made, under any of the provisions specified in this sub-paragraph;

(d) one-half of any redundancy payment within the meaning of Part VI of the Employment Protection (Consolidation) Act 1978(10) recovered or preserved for the client;

(e) any payment of money in accordance with an order made under section 136 of the Employment Protection (Consolidation) Act 1978 by the Employment Appeal Tribunal;

(f) any sum, payment or benefit which, by virtue of any provision of or made under an Act of Parliament, cannot be assigned or charged.

(1)

1973 c. 18; section 27 was amended by the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), section 63(3) and section 35 was amended by the Matrimonial and Family Proceedings Act 1984 (c. 42), section 46, Schedule 1, paragraph 13.

(2)

1975 c. 63.

(3)

1882 c. 75; section 17 was amended by the Statute Law (Repeals) Act 1969 (c. 52), Schedule Part III and by the Matrimonial and Family Proceedings Act 1984 (c. 42), section 43.

(4)

1957 c. 55; section 4(2) was amended by the Affiliation Proceedings (Amendment) Act 1972 (c. 49), section 1(2) and by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), section 50(1); the 1957 Act is repealed (as from a day to be appointed) by the Family Law Reform Act 1987 (c. 42), sections 33, 34(2), Schedule 4.

(5)

1980 c. 43.

(6)

1978 c. 22; sections 6 and 11 were amended by the Matrimonial and Family Proceedings Act 1984 (c. 42), sections 10, 46, Schedule 1, paragraph 23; section 20 was amended by the Matrimonial and Family Proceedings Act 1984 (c. 42), section 11 and is repealed (as from a day to be appointed) by the Family Law Reform Act 1987 (c. 42), sections 33, 34(2), Schedule 4.

(7)

1971 c. 3; the provisions referred to were amended by the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), sections 36(1)(a), 41(2) to (4) and are repealed (as from a day to be appointed) by the Family Law Reform Act 1987 (c. 42), sections 10, 11, 34(2).

(8)

Sections 11B, 11C and 11D are inserted, as from a day to be appointed, by the Family Law Reform Act 1987 (c. 42), sections 12 to 14, 33, 34; the Act, as amended, is set out in Schedule 1 to the 1987 Act.

(9)

1975 c. 72; sections 34(1) and 35 were amended by the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), sections 64, 66; section 35 is amended (as from a day to be appointed) by the Family Law Reform Act 1987 (c. 42), sections 33, 34(2), Schedule 2, paragraph 62.

(10)

1978 c. 44.