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Courts Act 1971

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2For sections 7 to 10 of the said Act there shall be substituted the sections set out below.

7(1)In this Act and in any other enactment providing for payment of costs out of central funds " central funds " means money provided by Parliament.

(2)The Secretary of State shall, out of money so provided, pay to the persons charged with the duty of making the payments concerned all sums required to meet payments ordered to be made out of central funds under this Act or any other such enactment as is referred to in subsection (1) above.

8(1)As soon as there has been ascertained the amount due to any person as costs ordered (under this or any other Act) by the Crown Court to be paid out of central funds, the appropriate officer of the Crown Court shall pay the amount so ascertained to that person, or to any person appearing to him to be acting on behalf of that person.

(2)As soon as there has been ascertained the amount due to any person as costs ordered (under this or any other Act) to be paid out of central funds by a Divisional Court, by the Court of Appeal or by the House of Lords.—

(a)the master of the Crown Office, in the case of a Divisional Court, and

(b)the registrar of criminal appeals in the case of the Court of Appeal or the House of Lords,

shall pay the amount so ascertained to that person, or to any person appearing to him to be acting on behalf of that person.

9(1)As soon as there has been ascertained the amount due to any person as costs ordered to be paid out of central funds by a magistrates' court—

(a)dealing summarily with an indictable offence, or

(b)inquiring into an offence as examining justices and determining not to commit the accused for trial,

(c)where an information is not proceeded with, as mentioned in section 52(1) of the Courts Act 1971 the justices' clerk shall pay to that person the amount so ascertained.

(2)As soon as there has been ascertained the amount due to any person as costs ordered to be paid out of central funds by a magistrates' court otherwise than as mentioned in subsection (1) above, the justices' clerk shall—

(a)so far as the amount is due for travelling or personal expenses in respect of that person's attendance, pay to him the amount due forthwith ; and

(b)so far as the amount is not due for such expenses, send a certificate of the amount to the Crown Court, in accordance with arrangements made by the Lord Chancellor.

(3)Where a certificate is sent to the Crown Court under subsection (2) above the appropriate officer of the Crown Court shall pay to the person to whom the certificate relates, or to any person appearing to him to be acting on behalf of that person, the amount certified or any less amount which the Crown Court considers should have been allowed under this Act.

(4)The appropriate officer of the Crown Court shall, when practicable, include the amount payable as costs certified under this section in any order for payment of costs made by that Court.

10(1)Where a court orders the payment of costs by the accused or the prosecutor and also orders the payment of costs out of central funds, the costs, so far as they are payable under both orders, shall be primarily payable out of central funds ; and the court shall give notice to the Secretary of State of the order for the payment of costs by the accused or the prosecutor.

(2)To the extent that any costs are primarily payable out of central funds by an order (under this or any other Act) and have been paid out of those funds, the Secretary of State shall be entitled to be reimbursed out of any money due under any other court order for the payment of those costs, and to take any proceedings for the enforcement of any such other order providing for payment of costs by the prosecutor.

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