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12.—(1) Where an application is made in accordance with regulation 11, the Lord Chancellor may pay the barrister up to [F180%] of the amount that the Lord Chancellor considers to be the barrister's reasonable fees.

(2) In deciding how much to pay under paragraph (1), the Lord Chancellor must take into account—

(a)any amounts that the Lord Chancellor has previously paid on account to the barrister; and

(b)any cost limitation to which the determination referred to in regulation [F211(7)(a)] is subject.

[F3(2A) Where an application for judicial review is issued and none of sub-paragraphs (a) to (e) of regulation 5A(1) applies, the barrister must repay to the Lord Chancellor any amount paid on account under paragraph (1) of this regulation for civil legal services consisting of making that application.]

(3) If a barrister's final fees are assessed at an amount less than the amount that the Lord Chancellor has paid to the barrister on account, the barrister must pay the difference to the Lord Chancellor.