UK Statutory Instrument 1989 United Kingdom

The Civil Legal Aid (General) Regulations 1989

At a glance

What's here

21 compliance obligations

Who this Act binds

Business-side actors with duties under this Act, ranked by how often they appear.

  • Any Person 19

Plus 2 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.

Other Acts binding the same actors

For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.

Any Person also bound by 2337 other Acts (top 5 shown)

What this Act requires

Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.

Schedules

s.sch002

(1) If the unassisted party has, or at any relevant...

  • Include spouse or partner's finances in legal aid statements Any Person
s.sch002

Full particulars of any application for legal aid made by...

  • Provide full particulars of any legal aid application you have made Any Person
Browse 5 other Schedules — structural / supplementary
s.sch002

An estimate of the unassisted party’s inter partes costs of...

s.sch002

A statement, supported by evidence, of the unassisted party’s financial...

s.sch002

A declaration that to the best of his knowlede and...

s.sch002

A declaration that the unassisted party has not at any...

s.sch002

A statement supported by evidence of the unassisted party’s reasonable...

s.064

Restriction on payment otherwise than from the fund

  • Solicitors and counsel must not accept payments for legal aid work other than from the fund Any Person
s.067

Duty to report abuse of legal aid

  • Report abuse of legal aid if you suspect your client is misusing it Any Person
s.068

Power of court to refer abuse to Area Director

Other duties (1) — Crown / regulator
  • Court can refer legal aid abuse for revocation Tribunal / Court
s.069

Duty to report on refusing or giving up case

  • Report to Area Director when refusing or giving up a legal aid case Any Person
s.070

Duty to report progress of proceedings

  • Report progress and specific events to the Area Director Any Person
s.087

Money recovered to be paid to solicitor or the Board

  • Pay money owed to an assisted person to their solicitor or the Legal Aid Board Any Person
s.090

Solicitor to pay moneys recovered to the Board

  • Pay legal aid recovery moneys to the Legal Aid Board Any Person
s.096

Postponement of enforcement of charges over money

  • Handle legal aid home-purchase funds in line with Board deferral rules Any Person
s.100

Payment on account

  • Repay excess legal aid payments on demand after final costs are taxed Any Person
s.105

Assessment of costs

  • Notify counsel in writing within 7 days if fees are reduced Any Person
s.112

Duty to inform counsel

  • Notify counsel if fees are reduced on taxation and endorse bill of costs Any Person
s.116

Counsel dissatisfied with taxation

  • Report counsel's dissatisfaction with legal aid taxation and take authorised steps Any Person
s.122

Appointment of solicitor to intervene

  • Notify the Legal Aid Board of any application to review taxation of costs Any Person
s.137

Applications in respect of magistrates' court proceedings

  • Provide affidavit of costs and resources if court adjourns costs hearing Any Person
s.140

Reference to registrar for inquiry and report

  • File affidavit of costs and resources if court refers case to registrar Any Person
s.142

Procedure where application adjourned

  • File an affidavit of costs and resources within 21 days of adjournment Any Person
s.145

Reference to master for inquiry and report

  • File affidavit of costs and resources within 21 days of court order Any Person
s.146

Procedure on inquiry and report

Other duties (1) — Crown / regulator
  • Master must hold inquiry and report to court on costs Tribunal / Court
s.147

Procedure where application adjourned

  • Unassisted party must file affidavit and serve notice after court adjournment Any Person
Browse 132 other sections — procedural / definitional / commencement
s.001

Citation, commencement, revocations and transitional provisions

s.002

Scope

s.003

Interpretation

s.004

Area committees, Area Directors and legal aid areas

s.005

Powers exercisable by courts

s.006

Powers exercisable by Area Directors

s.007

Computation of time

s.008

Service of notices

s.009

Availability of documents to the court

s.010

Applications to be made to Area Directors

s.011

Form and lodgment of application

s.012

Contents of application

s.013

Applications by persons resident outside United Kingdom

s.014

Child Abduction and Custody Act 1985

s.015

Registration of certain foreign orders and judgments

s.016

Application on behalf of minors and patients

s.017

Power to transfer application to another area office

s.018

Reference to the assessment officer for assessment of resources

s.019

Application for emergency certificate

s.020

Refusal of emergency certificate

s.021

Issue and effect of emergency certificate

s.022

Duration of emergency certificate

s.023

Merger in substantive certificate

s.024

Extension and expiry of emergency certificate

s.025

Notification of extension of emergency certificate

s.026

Power to notify other parties of application

s.027

Financial eligibility

s.028

Eligibility on the merits

s.029

Refusal where advantage trivial or on account of nature of proceedings

s.030

Refusal where other rights or facilities available

s.031

Determination of contribution

s.032

Proceedings in which others have an interest

s.033

Application in representative, fiduciary or official capacity

s.034

Notification of refusal

s.035

Right of appeal against refusal

s.036

Time and form of appeal

s.037

Nature of appeal

s.038

Representation at appeal or other final application

s.039

Determination of appeal

s.040

Repeated refusal of certificates

s.041

Power to make prohibitory directions

s.042

Issue of certificate where no contribution may be payable

s.043

Offer of certificate where contribution payable

s.044

Undertaking to account for sums received from third parties

s.045

Acceptance and issue of certificate where contribution payable

s.046

Scope of certificates

s.047

Certificates to specify parties to proceedings

s.048

Power to restrict costs allowable to distant solicitor

s.049

Effect of certificates

s.050

Notification of issue of certificates

s.051

Power to amend certificates

s.052

Power to alter contribution and amend certificate

s.053

Making and determination of applications for amendment

s.054

Procedure on issue of amendment

s.055

Right to show cause on application to remove limitation

s.056

Procedure on refusal of amendment

s.057

Right of appeal against refusal of amendment

s.058

Determination of appeal against refusal of amendment

s.059

Instructing counsel

s.060

Power of Board to give general authority

s.061

Other cases where authority may be sought

s.062

Reasons to be given for refusing authority

s.063

Effect of obtaining and failing to obtain authority

s.065

Restrictions on entrusting case to others

s.066

Duty to report changes of circumstances

s.071

Duty to report death,

s.072

Duty to report completion of case

s.073

Privilege, etc., not to prevent disclosure

s.074

Effect of revocation or discharge

s.075

Revocation or discharge of emergency certificate

s.076

Discharge of certificate on financial grounds

s.077

Discharge on the merits

s.078

Power to revoke or discharge for abuse of legal aid

s.079

Power to revoke or discharge for failure to provide information etc.

s.080

Further power to discharge

s.081

Opportunity to show cause against revocation or discharge

s.082

Notification of revocation or discharge

s.083

Effect of revocation or discharge on retainer

s.084

Costs to be taxed or assessed on revocation or discharge

s.085

Operation of statutory charge

s.086

Right to recover costs and contribution

s.088

Notice to trustee in bankruptcy, etc.

s.089

Exceptions to regulation 87

s.091

Enforcement of orders, etc., in favour of assisted person

s.092

Retention and payment out of moneys by the Board

s.093

Operation of the statutory charge on moneys in court

s.094

Exemptions from the statutory charge

s.095

Vesting and enforcement of charges

s.097

Postponement of enforcement of charges over land

s.098

Substitution of charged property

s.099

Payment and recovery of interest

s.101

Payment on account of disbursements, in cases of hardship,

s.102

Deferment of solicitor’s profit costs

s.103

Legal aid granted after costs incurred

s.104

Remuneration of counsel and solicitors in the Crown Court and magistrates' courts

s.106

Agreement in respect of costs

s.107

Taxation of costs

s.108

Failure to apply for taxation

s.109

Disallowance or reduction of costs

s.110

Solicitor’s duty to safeguard the interests of the fund

s.111

Costs of applications, reports, etc., under these Regulations

s.113

Application to carry in objections to the taxation

s.114

Application to judge to review taxation

s.115

Appeal from review of taxation

s.117

Objection by other party

s.118

Assisted person having no interest or adverse interest in taxation

s.119

Assisted person having financial interest in taxation

s.120

Costs to be paid out of the fund

s.121

Time limits, etc.

s.123

Security for costs given by assisted person

s.124

Assisted person’s liability for costs

s.125

Affidavit of means by unassisted party

s.126

Determination of liability for costs

s.127

Postponement, adjournment or referral of determination

s.128

Oral examination of parties

s.129

Order for costs

s.130

Variation of order for costs

s.131

Assisted person acting in representative, fiduciary or official capacity

s.132

Assisted person a minor

s.133

Order against next friend or guardian ad litem

s.134

Time and form of application

s.135

Unassisted party acting in representative, fiduciary or official capacity

s.136

Appearance by unassisted party and Area Director

s.138

Applications in respect of county court proceedings

s.139

Procedure where application referred to registrar for determination

s.141

Procedure on inquiry and report

s.143

Applications in respect of proceedings in the Supreme Court and House of Lords

s.144

Procedure where application referred to master for determination

s.148

The Lands Tribunal

s.149

The Employment Appeal Tribunal

s.150

The Commons Commissioners

s.151

The Restrictive Practices Court

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