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Legal Aid, Sentencing and Punishment of Offenders Act 2012

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6(1)Section 20 (regulations) is amended as follows.

(2)In subsection (1) omit the words from “and the regulations” to the end.

(3)After that subsection insert—

(1A)The Lord Chancellor may by regulations—

(a)make provision as to the amounts that may be ordered to be paid out of central funds in pursuance of a costs order, whether by specifying rates or scales or by making other provision as to the calculation of the amounts,

(b)make provision as to the circumstances in which and conditions under which such amounts may be paid or ordered to be paid,

(c)make provision requiring amounts required to be paid out of central funds by a costs order to be calculated having regard to regulations under paragraphs (a) and (b),

(d)make provision requiring amounts required to be paid to a person out of central funds by a relevant costs order to be calculated in accordance with such regulations (whether or not that results in the fixing of an amount that the court considers reasonably sufficient or necessary to compensate the person), and

(e)make provision as to the review of determinations of amounts required to be paid out of central funds by costs orders.

(1B)In subsection (1A)(d) “relevant costs order” means a costs order other than—

(a)an order made by any court under section 17, and

(b)so much of a costs order made by the Supreme Court as relates to expenses, fees, costs, trouble or losses incurred in proceedings in that court.

(1C)Regulations under subsection (1A) may, in particular—

(a)make different provision in relation to amounts to be paid in respect of different expenses, fees, costs, trouble and losses,

(b)make different provision in relation to different costs orders and different areas, and

(c)make different provision in relation to the fixing of an amount in a costs order and the fixing of an amount by means of a determination.

(4)In subsection (3)—

(a)for “subsection (1)” substitute “subsection (1A)”,

(b)for “rates or scales of allowances” substitute “provision as to the calculation of amounts”, and

(c)after “order” insert “(whether in the form of rates or scales or other provision)”.

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