Amendments to the Civil Legal Aid (General) Regulations 1989

3.  After regulation 96 insert—

96A.  The Board may only defer enforcement of the charge created by section 16(6) of the Act if it appears to the Board that it would be unreasonable for the assisted person to repay the amount of the charge.

96B.(1) The Board may review any decision to defer enforcement of the charge created by section 16(6) of the Act at any time and, unless it appears to the Board that it would be unreasonable for the assisted person to repay the amount of the charge, it shall either—

(i)proceed to enforce the charge; or

(ii)where the conditions in regulations 96(1), 96(2) and (3) or 97(1) and (3) (as the case may be) are satisfied continue to defer enforcement of the charge, in which case the provisions of regulations 96(3)(b), or 97(4) relating to interest shall also continue to apply as appropriate.

(2) If the Board continues to defer enforcement under paragraph (1)(ii) it may also do so on such terms or conditions as to repayment of the amount of the charge by way of interim payments of either capital or interest or both, or otherwise, as appear to the Board to be appropriate..