25.—(1) This regulation applies where a representative is entitled to be paid a certain sum (“the amount due”) by virtue of the provisions of Schedule 1, 2 or 3 and, for whatever reason, the representative is paid an amount greater than that sum.
(2) Where this regulation applies, the appropriate officer may—
(a)require immediate repayment of the amount in excess of the amount due (“the excess amount”); or
(b)deduct the excess amount from any other sum which is or becomes payable to the representative by virtue of the provisions of Schedule 1, 2 or 3,
and where sub-paragraph (a) applies the representative must repay the excess amount to the appropriate officer.
(3) The appropriate officer may proceed under paragraph (2)(b) without first proceeding under paragraph (2)(a).
(4) Paragraph (2) applies notwithstanding that the representative to whom the excess amount was paid is exercising, or may exercise, a right under regulations 28 to 30.
[F1(5) In this regulation, where the main hearing is a trial, “trial advocate” means, for the purposes of the meaning of “representative”, the 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.]
Textual Amendments
F1Reg. 25(5) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(13) (with reg. 3)