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Access to Justice Act 1999

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This is the original version (as it was originally enacted).

22Position of service providers and other parties etc

This section has no associated Explanatory Notes

(1)Except as expressly provided by regulations, the fact that services provided for an individual are or could be funded by the Commission as part of the Community Legal Service or Criminal Defence Service shall not affect—

(a)the relationship between that individual and the person by whom they are provided or any privilege arising out of that relationship, or

(b)any right which that individual may have to be indemnified in respect of expenses incurred by him by any other person.

(2)A person who provides services funded by the Commission as part of the Community Legal Service or Criminal Defence Service shall not take any payment in respect of the services apart from—

(a)that made by way of that funding, and

(b)any authorised by the Commission to be taken.

(3)The withdrawal of a right to representation previously granted to an individual shall not affect the right of any person who has provided to him services funded by the Commission as part of the Criminal Defence Service to remuneration for work done before the date of the withdrawal.

(4)Except as expressly provided by regulations, any rights conferred by or by virtue of this Part on an individual for whom services are funded by the Commission as part of the Community Legal Service or Criminal Defence Service in relation to any proceedings shall not affect—

(a)the rights or liabilities of other parties to the proceedings, or

(b)the principles on which the discretion of any court or tribunal is normally exercised.

(5)Regulations may make provision about the procedure of any court or tribunal in relation to services funded by the Commission as part of the Community Legal Service or Criminal Defence Service.

(6)Regulations made under subsection (5) may in particular authorise the exercise of the functions of any court or tribunal by any member or officer of that or any other court or tribunal.

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