The Proceeds of Crime Act 2002 (Legal Expenses in Civil Recovery Proceedings) Regulations 2005

Interpretation

This sectionnoteType=Explanatory Memorandum has no associated

2.  (1)  In these Regulations—

“the 1990 Act” means the Courts and Legal Services Act 1990(1);

“the 2002 Act” means the Proceeds of Crime Act 2002(2);

CPR” means the Civil Procedure Rules 1998(3);

“the Order in Council” means the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005;

RSC (NI)” means the Rules of the Supreme Court (Northern Ireland) 1980(4);

“civil recovery proceedings” means proceedings under Part 5 of the 2002 Act or Part 5 of the Order in Council;

“notice” means notice in writing;

“solicitor” means a solicitor of the Supreme Court and, in relation to England and Wales, includes any other person who is an authorised litigator within the meaning of section 119(1) of the 1990 Act.

(2) Any reference in these Regulations to the assessment of legal expenses by the court shall, in relation to Northern Ireland, be interpreted as referring to the taxation of those expenses by the Master (Taxing Office).

(1)

1990 c. 41. Relevant amendments were made by the Access to Justice Act 1999 (c. 22), section 43 and Schedule 6, paragraphs 4, 9 and 10.

(2)

2002 c. 29. Relevant amendments were made by the Serious Organised Crime and Police Act 2005 (c. 15), sections 98, 99 and 109, and Schedule 6.

(3)

S.I. 1998/3132. Relevant amendments were made by S.I. 1999/1008; S.I. 2000/940; S.I. 2000/1317 and S.I. 2002/2058.

(4)

S.R. 1980 No. 346. The most recent relevant amendments were made by S.R. 1988 No. 70; S.R. 1996 No. 283 and S.R. 2001 No. 254.