Part II

Defence, prosecution and third party Costs in Criminal Cases

Supplemental

Regulations.
20
1
The Lord Chancellor may make regulations for carrying this Part into effect ...
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.
2
The Lord Chancellor may by regulations make provision for the recovery of sums paid by the Lord Chancellor under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 or out of central funds in accordance with a costs order in cases where—
a
a costs order has been made against a person; and
b
the person in whose favour the order was made is a legally assisted person or a person in whose favour a defendant’s costs order or, as the case may be, an order under section 17 of this Act has been made.
3
Regulations made under subsection (1A) above may provide that provision as to the calculation of amounts payable out of central funds under a costs order (whether in the form of rates or scales or other provision) shall be determined by the Lord Chancellor with the consent of the Treasury.
4
Regulations made under subsection (2) above may, in particular—
a
require the person mentioned in paragraph (a) of that subsection to pay sums due under the costs order in accordance with directions given by the Lord Chancellor (either generally or in respect of the particular case); and
b
enable the Lord Chancellor to enforce those directions in cases to which they apply.
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Any regulations under this Part may contain such incidental , supplemental and transitional provisions as the Lord Chancellor considers appropriate.
7
Before making any regulations under section 19(1) , 19A or 19B of this Act which affect the procedure of any court, the Lord Chancellor shall so far as is reasonably practicable consult any rule committee by whom, or on whose advice, rules of procedure for the court may be made or whose concurrence is required to any such rules.
8
In this section “costs order ” means—
a
an order made under or by virtue of this Part for payment to be made—
i
out of central funds; or
ii
by any person ; or
b
an order made in a criminal case by the Supreme Court for the payment of costs by a party to proceedings.
S. 20: power previously exercised by S.I. 1986/1335;
S. 20 (with s. 19A) power exercised by S.I. 1991/789.
S. 20(1)(3) applied (1.1.2004) by Extradition Act 2003 (c. 41), ss. 62(1)(2), 221; S.I. 2003/3103, art. 2 (subject to savings in Order (as amended by S.I. 2003/3312, art. 2(2) and S.I. 2003/3258, art. 3(2)))
S. 20(1)(3) applied (1.1.2004) by Extradition Act 2003 (c. 41), ss. 135(1)(2), 221; S.I. 2003/3103, art. 2 (subject to savings in Order (as amended by S.I. 2003/3312, art. 2(2) and S.I. 2003/3258, art. 3(2)))
Words in s. 20(2)(a) substituted (1.5.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 53; S.I. 1991/985, art. 2(b)
S. 20(5) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 288(2), Sch. 10; S.I. 2005/910, art. 3(y)(aa)
Words in s. 20(6) substituted (1.2.2004) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 288(3); S.I. 2004/174, art. 2(b)
Words in s. 20(7) inserted (1.2.2004) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 288(4); S.I. 2004/174, art. 2(b)
Words in s. 20(8)(a)(ii) substituted (1.2.2004) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 288(5); S.I. 2004/174, art. 2(b)
Words in s. 20(8)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 41(4); S.I. 2009/1604, art. 2(d)
S. 20(3) applied by 2003 c. 41, s. 62A(6) (as inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 7 para. 15 (with Sch. 7 Pt. 4); S.I. 2012/2412, art. 2(g))
S. 20(3) applied by 2003 c. 41, s. 134A(6) (as inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 7 para. 18 (with Sch. 7 Pt. 4); S.I. 2012/2412, art. 2(g))
S. 20(3) applied by 1972 c. 51, s. 36(5C) (as inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 7 para. 9(4) (with Sch. 7 Pt. 4); S.I. 2012/2412, art. 2(g))
S. 20(3) applied by 1988 c. 33, Sch. 3 para. 11(4) (as inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 7 para. 11(2)(c) (with Sch. 7 Pt. 4); S.I. 2012/2412, art. 2(g))
S. 20(1A)-(1C) inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 7 para. 6(3) (with Sch. 7 Pt. 4); S.I. 2012/2412, art. 2(g)
Words in s. 20(1) omitted (1.10.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 7 para. 6(2) (with Sch. 7 Pt. 4); S.I. 2012/2412, art. 2(g)
Words in s. 20(3) substituted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 7 para. 6(4)(a) (with Sch. 7 Pt. 4); S.I. 2012/2412, art. 2(g)
Words in s. 20(3) substituted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 7 para. 6(4)(b) (with Sch. 7 Pt. 4); S.I. 2012/2412, art. 2(g)
Words in s. 20(3) inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 7 para. 6(4)(c) (with Sch. 7 Pt. 4); S.I. 2012/2412, art. 2(g)
S. 20(1A)-(1C) applied by 1972 c. 51, s. 36(5C) (as inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 7 para. 9(4) (with Sch. 7 Pt. 4); S.I. 2012/2412, art. 2(g))
S. 20(1A)-(1C) applied by 1988 c. 33, Sch. 3 para. 11(4) (as inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 7 para. 11(2)(c) (with Sch. 7 Pt. 4); S.I. 2012/2412, art. 2(g))
S. 20(1A)-(1C) applied by 2003 c. 41, s. 62A(6) (as inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 7 para. 15 (with Sch. 7 Pt. 4); S.I. 2012/2412, art. 2(g))
S. 20(1A)-(1C) applied by 2003 c. 41, s. 134A(6) (as inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 7 para. 18 (with Sch. 7 Pt. 4); S.I. 2012/2412, art. 2(g))
Words in s. 20(2) substituted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 24; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)
Words in Pt. 2 heading inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 12 para. 5; S.I. 2015/778, art. 3, Sch. 1 para. 78