The Criminal Legal Aid (Contribution Orders) Regulations 2013

Capital contribution order: general E+W

32.—(1) A capital contribution order must state—

(a) the name of the individual;

(b) the amount of the recoverable costs of representation;

(c) the amount payable;

(d) [F1 unless paragraph (1A) applies,] that the amount must be paid within 28 days of the date of the capital contribution order or within such other period as may be agreed by the Director and the individual;

(e) the remedies available to the Lord Chancellor as a creditor if a payment is not made by a due date;

(f) that if a payment is overdue, compound interest at the rate of 6% per year with half-yearly rests may be added to that payment from the date on which the payment is required to be made as—

(i) specified in the capital contribution order; or

(ii) otherwise agreed by the Director and the individual;

(g) the individual’s—

(i) duty under regulation 34; and

(ii) right under regulation 39; and

(h) that the costs incurred in connection with the enforcement of the order may be added to the amount payable by the individual.

[F2 (1A) This paragraph applies where the individual is subject to a POCA restraint order.

(1B) Where paragraph (1A) applies, the capital contribution order must state—

(a) the amount of the individual’s capital which is—

(i) subject to a POCA restraint order; and

(ii) not subject to a POCA restraint order (“B”),

as calculated by the Director;

(b) where B is equal to, or exceeds, the amount payable, that the individual must pay the amount payable in full within 28 days of the date of the capital contribution order or within such other period as may be agreed by the Director and the individual;

(c) where B is less than the amount payable, that the individual must make a payment of the value of B within 28 days of the date of the capital contribution order or within such other period as may be agreed by the Director and the individual; and

(d) where paragraph (c) applies, that the individual must make a payment which is the amount payable less any sum already paid under sub-paragraph (c), within 28 days of the date on which paragraph (1C) first applies or within such other period following that date as may be agreed by the Director and the individual.

(1C) This paragraph applies where—

(a) a confiscation order under Part 2 of POCA has been made against the individual to whom the capital contribution order is issued;

(b) the POCA restraint order and the confiscation order were both made in proceedings that were entirely or partly for the same offence; and

(c) that confiscation order has been discharged or satisfied.]

(2) Payments due under a capital contribution order must be made to the Lord Chancellor.

Textual Amendments

F1 Words in reg. 32(1)(d) inserted (1.6.2015) by The Criminal Legal Aid (Contribution Orders) (Amendment) Regulations 2015 (S.I. 2015/710), regs. 1, 2(5)(a) (with reg. 3)

F2 Reg. 32(1A)-(1C) inserted (1.6.2015) by The Criminal Legal Aid (Contribution Orders) (Amendment) Regulations 2015 (S.I. 2015/710), regs. 1, 2(5)(b) (with reg. 3)

Commencement Information

I1 Reg. 32 in force at 1.4.2013, see reg. 1