The Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) (No. 2) Regulations 1991

3.—(1) At the end of regulation 2(1) there shall be inserted the followingnew definition—

“wasted costs order” has the meaning assigned to it by regulation 3A of the Costs inCriminal Cases (General) Regulations 1986(1).

(2) After regulation 9 there shall be inserted the following newregulation—

“9A.— (1) Subject to paragraph (2), where the court has disallowed the wholeor any part of any wasted costs under section 19A of the Prosecution ofOffences Act 1985(2) the appropriate authority, in determining costs inrespect of work done by the legal representative against whom the wastedcosts order was made, shall deduct the amount of the order from theamount otherwise payable in accordance with these Regulations.

(2) Where the appropriate authority, in accordance with theseRegulations, is minded to disallow any amount of a claim for work doneto which the wasted costs order relates it shall disallow that amount orthe amount of the wasted costs order, whichever is the greater.”

(1)

S.I. 1986/1335, as amended by S.I. 1991/789.

(2)

1985 c. 23, as inserted by the Courts and Legal ServicesAct 1990 (c. 41), section 111.