PART 2OPERATION OF THE STATUTORY CHARGE
Partial exceptions to the statutory charge6
1
The following amounts do not constitute a charge on any property recovered or preserved by the legally aided party in relevant proceedings or a relevant dispute—
a
costs incurred by a provider as a result of fulfilling the provider’s statutory obligations to a legally aided party with a disability within the meaning of the Equality Act 201016;
b
where a determination in relation to which a certificate is withdrawn (but not revoked) the cost of assessment proceedings, other than the cost of drawing up a bill for the purpose of those proceedings, under the—
i
CPR, Part 47 (procedure for detailed assessment of costs and default provisions); or
ii
Supreme Court Rules 2009, Part 717 (fees and costs).
2
The following amounts do not constitute a charge on any costs payable to a legally aided party under a legally aided party’s costs order or costs agreement—
a
any contribution owed by the legally aided party under regulations made under section 23(2)(b) of the Act (payment for services);
b
legal aid only costs.
3
In this regulation, “revoked” means that a determination has been withdrawn in circumstances in which the Director has exercised the power to revoke the determination under the Civil Legal Aid (Procedure) Regulations 2012.