UK Statutory Instrument SI 1989/339 United Kingdom

The Civil Legal Aid (General) Regulations 1989

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Status
In Force
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Any Person19

Plus 2 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.064 Restriction on payment otherwise than from the fund Regulated
  • Solicitors and counsel must not accept payments for legal aid work other than from the fundAny Person
s.067 Duty to report abuse of legal aid Regulated
  • Report abuse of legal aid if you suspect your client is misusing itAny Person
s.068 Power of court to refer abuse to Area Director Regulated
Other duties (1) — Crown / regulator
  • Court can refer legal aid abuse for revocationTribunal / Court
s.069 Duty to report on refusing or giving up case Regulated
  • Report to Area Director when refusing or giving up a legal aid caseAny Person
s.070 Duty to report progress of proceedings Regulated
  • Report progress and specific events to the Area DirectorAny Person
s.087 Money recovered to be paid to solicitor or the Board Regulated
  • Pay money owed to an assisted person to their solicitor or the Legal Aid BoardAny Person
s.090 Solicitor to pay moneys recovered to the Board Regulated
  • Pay legal aid recovery moneys to the Legal Aid BoardAny Person
s.096 Postponement of enforcement of charges over money Regulated
  • Handle legal aid home-purchase funds in line with Board deferral rulesAny Person
s.100 Payment on account Regulated
  • Repay excess legal aid payments on demand after final costs are taxedAny Person
s.105 Assessment of costs Regulated
  • Notify counsel in writing within 7 days if fees are reducedAny Person
s.112 Duty to inform counsel Regulated
  • Notify counsel if fees are reduced on taxation and endorse bill of costsAny Person
s.116 Counsel dissatisfied with taxation Regulated
  • Report counsel's dissatisfaction with legal aid taxation and take authorised stepsAny Person
s.122 Appointment of solicitor to intervene Regulated
  • Notify the Legal Aid Board of any application to review taxation of costsAny Person
s.137 Applications in respect of magistrates' court proceedings Regulated
  • Provide affidavit of costs and resources if court adjourns costs hearingAny Person
s.140 Reference to registrar for inquiry and report Regulated
  • File affidavit of costs and resources if court refers case to registrarAny Person
s.142 Procedure where application adjourned Regulated
  • File an affidavit of costs and resources within 21 days of adjournmentAny Person
s.145 Reference to master for inquiry and report Regulated
  • File affidavit of costs and resources within 21 days of court orderAny Person
s.146 Procedure on inquiry and report Regulated
Other duties (1) — Crown / regulator
  • Master must hold inquiry and report to court on costsTribunal / Court
s.147 Procedure where application adjourned Regulated
  • Unassisted party must file affidavit and serve notice after court adjournmentAny Person
132 other provisions — procedural and definitional
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
Schedules

Schedules

2 of 7 shown
s.sch002 (1) If the unassisted party has, or at any relevant... Regulated
  • Include spouse or partner's finances in legal aid statementsAny Person
s.sch002 Full particulars of any application for legal aid made by... Regulated
  • Provide full particulars of any legal aid application you have madeAny Person
5 other schedules
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...

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