23.—(1) Having determined the fees payable to each [F1trial] advocate, in accordance with Schedule 1, the appropriate officer must notify each [F1trial] advocate of the fees payable and authorise payment accordingly.
(2) Where, as a result of any redetermination or appeal made or brought pursuant to regulations 28 to 30, the fees payable under paragraph (1) are altered—
(a)if they are increased, the appropriate officer must authorise payment of the increase; or
(b)if they are decreased, [F2the trial] advocate must repay the amount of such decrease.
(3) Where the payment of any fees of [F3a trial] advocate is ordered under regulation 29(12) or regulation 30(8), the appropriate officer must authorise payment.
[F4(4) In this regulation, where the main hearing is a trial, “trial advocate” means an advocate who—
(a)is instructed pursuant to a section 16 determination to represent the assisted person at the trial, and
(b)attends the first day of the trial] [F5, and for this purpose “trial” excludes any cross-examination or re-examination to which paragraph 13A(3) of Schedule 1 applies.]
Textual Amendments
F1Word in reg. 23(1) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(5)(c) (with reg. 3)
F2Words in reg. 23(2)(b) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(6)(c) (with reg. 3)
F3Words in reg. 23(3) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(3)(e) (with reg. 3)
F4Reg. 23(4) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(12) (with reg. 3)
F5Words in reg. 23(4)(b) inserted (1.2.2023) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2023 (S.I. 2023/97), regs. 1(1), 2(6) (with reg. 3)