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Legal Services Act 2007

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194Payments in respect of pro bono representationE+W

This section has no associated Explanatory Notes

(1)This section applies to proceedings in a civil court in which—

(a)a party to the proceedings (“P”) is or was represented by a legal representative (“R”), and

(b)R's representation of P is or was provided free of charge, in whole or in part.

(2)This section applies to such proceedings even if P is or was also represented by a legal representative not acting free of charge.

(3)The court may order any person to make a payment to the prescribed charity in respect of R's representation of P (or, if only part of R's representation of P was provided free of charge, in respect of that part).

(4)In considering whether to make such an order and the terms of such an order, the court must have regard to—

(a)whether, had R's representation of P not been provided free of charge, it would have ordered the person to make a payment to P in respect of the costs payable to R by P in respect of that representation, and

(b)if it would, what the terms of the order would have been.

(5)The court may not make an order under subsection (3) against a person represented in the proceedings if the person's representation was at all times within subsection (6).

(6)Representation is within this subsection if it is—

(a)provided by a legal representative acting free of charge, or

[F1(b)provided under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.]

(7)Rules of court may make further provision as to the making of orders under subsection (3), and may in particular—

(a)provide that such orders may not be made in civil proceedings of a description specified in the rules;

(b)make provision about the procedure to be followed in relation to such orders;

(c)specify matters (in addition to those mentioned in subsection (4)) to which the court must have regard in deciding whether to make such an order, and the terms of any order.

(8)The prescribed charity” means the charity prescribed by order made by the Lord Chancellor.

(9)An order under subsection (8) may only prescribe a charity which—

(a)is registered [F2in accordance with section 30 of the Charities Act 2011,] and

(b)provides financial support to persons who provide, or organise or facilitate the provision of, legal advice or assistance (by way of representation or otherwise) which is free of charge.

(10)In this section—

  • legal representative”, in relation to a party to proceedings, means a person exercising a right of audience or conducting litigation on the party's behalf;

  • [F3civil court ” means—

    a

    the Supreme Court when it is dealing with a relevant civil appeal,

    b

    the civil division of the Court of Appeal,

    c

    the High Court,

    ca

    [F4the family court,] or

    d

    [F5the county] court;

  • relevant civil appeal ” means an appeal to the Supreme Court—

    a

    from the High Court in England and Wales under Part 2 of the Administration of Justice Act 1969,

    b

    from the Court of Appeal under section 40(2) of the Constitutional Reform Act 2005, or

    c

    under section 13 of the Administration of Justice Act 1960 (appeal in cases of contempt of court) other than an appeal from an order or decision made in the exercise of jurisdiction to punish for criminal contempt of court;]

  • free of charge ” means otherwise than for or in expectation of fee, gain or reward.

(11)The court may not make an order under subsection (3) in respect of representation if (or to the extent that) it is provided before this section comes into force.

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Amendments (Textual)

F1S. 194(6)(b) substituted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 68; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

F2 Words in s. 194(9)(a) substituted (14.3.2012) by Charities Act 2011 (c. 25) , s. 355 , Sch. 7 para. 127 (with s. 20(2) , Sch. 8 )

F5Words in s. 194(10) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 101; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

Commencement Information

I1 S. 194 wholly in force at 1.10.2008; s. 194 not in force at Royal assent see. s. 211; s. 194(8)(9) in force and s. 194(10) in force for certain purposes at 30.6.2008 and s. 194 in force at 1.10.2008 in so far as not already in force by S.I. 2008/1436 , arts. 2(a) , 3(a)

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