The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013

Repayment of excess contributionsE+W

This section has no associated Explanatory Memorandum

46.—(1) Where a determination in relation to which a certificate was issued has been withdrawn and the contribution paid by the individual exceeds the net cost of the civil legal services provided, the excess must be refunded to the individual.

(2) The net cost of the civil legal services means the cost paid by the Lord Chancellor less any costs recovered by the Lord Chancellor from another party.

(3) For the purposes of this regulation, where a determination in relation to which a certificate was issued is withdrawn (but not revoked) the cost of the civil legal services does not include the cost of assessment proceedings, other than the cost of drawing up a bill for the purpose of those proceedings, under the—

(a)CPR, Part 47; or

(b)Supreme Court Rules, Part 7 M1.

Marginal Citations