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The Civil Legal Services (General) Regulations (Northern Ireland) 2015

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Effect of discharge of a certificateN.I.

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24.—(1) Subject to the provisions of this regulation, an individual whose certificate is discharged shall be deemed not to be an assisted party in relation to the proceedings to which the certificate related from the date upon which notification of such discharge is received by the assisted party or the supplier.

(2) Upon receipt of notice of discharge of a certificate by the Director or upon discharge of a certificate by the court, the retainer of any supplier acting on behalf of the assisted party in the proceedings to which the certificate relates shall terminate.

(3) Upon termination of a retainer under this regulation—

(a)the costs of the proceedings to which the certificate related, incurred by or on behalf of the individual to whom it was issued, shall, as soon as practicable thereafter be taxed or assessed, as applicable; and

(b)the Department shall remain liable for the payment of any costs so taxed or assessed.

(4) Where a certificate has been discharged, the provisions of the Statutory Charge Regulations which provide for a charge upon property recovered or preserved for an assisted party shall apply to any property recovered or preserved as a result of the individual whose certificate has been discharged continuing to take, defend or be a party to the proceedings to which the certificate related.

(5) For the purpose of paragraph (4), reference to an individual whose certificate has been discharged shall include the individual's personal representative, trustee, trustee in bankruptcy or the Official Receiver, as appropriate.

(6) Where a certificate has been discharged, the individual to whom the certificate was issued shall remain liable for the payment of the individual's maximum contribution, previously assessed as payable, or which has been assessed as payable on any re-determination, up to the amount paid or payable by the Department under paragraph (3)(b).

(7) Where a certificate has been discharged and the individual continues to take, defend or be a party to the proceedings to which the certificate related—

(a)regulation 8 of Statutory Charge Regulations shall apply; and

(b)the provisions of Part 2 of the Costs Regulations shall apply in so far as the costs were incurred while the individual was an assisted party.

(8) Nothing in paragraph (6) shall derogate from the provisions of regulation 22(3)(a) and, where those provisions apply, the reference to the maximum contribution in paragraph (6) shall be construed as the net liability of the Department incurred on behalf of the assisted party.

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