Commencement, citation and interpretation

1. —(1) These Regulations may be cited as the Civil Legal Aid (General) (Amendment) Regulations 2003 and shall come into force on 1st July 2003.

(2) In these Regulations a reference to a regulation by number alone means the regulation so numbered in the Civil Legal Aid (General) Regulations 1989( 2 ).

Amendments to the Civil Legal Aid (General) Regulations 1989

2. In regulation 105—

(a) for paragraph (1), substitute—

“ (1) In this regulation and regulation 106A, “assessment” means an assessment of costs by the Area Director and payable under a certificate in accordance with this regulation and regulation 107A. ” ;

(b) for paragraph (2A), substitute—

“ (2A) Subject to paragraph (12), where proceedings have begun and the total claim for costs does not exceed £2,500, the solicitor shall apply to the Area Director for an assessment of those costs. ” ;

(c) for paragraph (3), substitute—

“ (3) Subject to paragraph (12), where proceedings have begun and the total claim for costs exceeds £2,500, the solicitor may apply to the Area Director for an assessment of those costs if—

(a) there are special circumstances where a detailed assessment would be against the interest of the assisted person or would increase the amount payable from the fund; or

(b) after a direction or order that the assisted person’s costs shall be determined by way of detailed assessment under regulations 107A(2), the solicitor incurs costs for the purpose of recovering moneys payable to the fund. ” ;

(d) in paragraph (3A)(b)(i), after “discharged,” insert “but there has been no order for assessment or determination of costs by the court;”;

(e) in paragraph (4), for “(2) or (3)”, substitute “(2), (2A) or (3)”;

(f) in paragraph (5), after “that committee” insert “in writing”;

(g) at the end of paragraph (11), insert—

“ (12) In any proceedings where it is or may be necessary for the court to carry out a detailed assessment of costs payable to the assisted person by another party to the proceedings, the solicitor shall not apply to the Area Director for an assessment and the total claim for costs shall be subject to that detailed assessment by the court.

(13) In this regulation, “total claim for costs” means the claim consisting of the solicitor’s profit costs (including those of any other solicitor who has acted under the certificate), counsel’s fees and disbursements (if any), but excluding any element of Value Added Tax.

(14) Any costs incurred in connection with an appeal against the decision of the Area Director under this regulation shall not be deemed to be costs to which the assisted person’s certificate relates. ” .

3. In regulation 106A—

(a) for paragraph (3), substitute—

“ (3) The assisted party’s solicitor shall apply to the Area Director for an assessment limited to legal aid only costs, if the amount of those costs including counsel’s fees (if any) does not exceed £2,500. ” ;

(b) for paragraph (4), substitute—

“ (4) The assisted party’s solicitor shall apply for a detailed assessment under regulation 107A(2) limited to legal aid only costs, if the amount of those costs including counsel’s fees (if any) exceeds £2,500. ” .

4. Omit regulation 113(4), (5), (6) and (7).