The Serious Crime Act 2007 (Appeals under Section 24) Order 2008

Award of costs in favour of subject or party under section 24(2)

42.—(1) Where the Supreme Court determines an appeal to which the person who is the subject of the serious crime prevention order was a party it may make a costs order in favour of that person.

(2) Where the Supreme Court determines an appeal to which a party under section 24(2) was a party it may make a costs order in favour of that person.

(3) Subject to paragraphs (4) and (5), an order under this article shall be for the payment out of central funds of such amounts as the Supreme Court considers reasonably sufficient to compensate the person in whose favour the order is made for any expenses that person has properly incurred in the appeal.

(4) Where the Supreme Court makes an order under this article but is of the opinion that there are circumstances which make it inappropriate that the person in whose favour the order is made should recover the full amount mentioned in paragraph (3) it shall—

(a) assess what amount would, in its opinion, be just and reasonable; and

(b) specify that amount in the order.

(5) Subject to paragraph (4), the amount to be paid out of central funds in pursuance of an order under this article shall—

(a) be specified in the order, in any case where the Supreme Court considers it appropriate for the amount to be specified and the person in whose favour the order is made agrees the amount; and

(b) in any other case, shall be determined by such officer as may be prescribed by order of the Supreme Court.