Modifications etc. (not altering text)
C1Pt. II (ss. 6-12) applied (1.1.1998) by S.I. 1997/3070, regs. 3, 4, 5
(1)A client shall not be required to pay any fees or outlays in respect of advice and assistance received by him in pursuance of this Part of this Act except in accordance with subsection (2) [F1, (2A)][F2or (3)]below.
(2)Where—
(a)a client’s disposable income exceeds [F3£80] a week; and
(b)he is not (directly or indirectly) in receipt of [F4disabled person's tax credit,][F5income support , an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995)] or family credit,
he shall be liable to pay, in respect of the advice and assistance, fees or outlays up to, but not in aggregate exceeding, such amount as may be prescribed by regulations made under this section, and such regulations may prescribe different maximum payments for different amounts of disposable income and for different cases or classes of case.
[F6(2A)A client to whom paragraphs (a) and (b) of subsection (2) above apply and to whom criminal legal assistance or advice or assistance which is not criminal legal assistance has been provided by a solicitor employed by the Board under sections 26 and 27 of this Act shall pay to the Board such contribution in that respect as the Board may, subject to subsection (3A) below, determine.]
[F7(3)Where a client to whom paragraphs (a) and (b) of subsection (2) above apply receives criminal legal assistance from a solicitor employed by the Board by virtue of section 28A of this Act, he shall pay to the Board such contribution in respect of that assistance as the Board may, subject to subsection (4) below, determine.]
[F6(3A)The amount determined by the Board under subsection (2A) above shall not exceed the amount which would be charged by a solicitor who is not employed by the Board under sections 26 and 27 of this Act.]
[F7(4)The amount determined by the Board under subsection (3) above shall not exceed the amount which could have been charged in respect of the assistance in question by a solicitor.]
Subordinate Legislation Made
P1S. 11: for previous exercises of this power see Index to Government Orders.
P2S. 11(2): s. 11(2)(with ss. 36(2)(b) and 37(1)) power exercised by S.I.1991/1095
Textual Amendments
F1Words in s. 11(1) inserted (6.7.2001) by 2001 asp 7, ss. 9(2)(a), 15(3)
F2Words in s. 11(1) inserted (1.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 12(3)(a); S.I. 1997/2323, art. 6(2)
F3S. 11(2)(a): sum substituted (8.4.2002) by The Advice and Assistance (Financial Conidtions) (Scotland) Regulations 2002 (S.S.I. 2002/144), art. 4
F4Words in s. 11(2)(b) inserted (27.9.1999) by 1999 c. 22, ss. 33, 108(3)(a)(e), Sch. 14 Pt III para. 12 (with Sch. 14 para. 7(2))
F5Words substituted by Social Security Act 1986 (c. 50, SIF 113:1), s. 86(1), Sch. 10 Pt. II para. 61
F6S. 11(2A)(3A) inserted (6.7.2001) by 2001 asp 7, ss. 9(2)(b), 15(3)
F7S. 11(3)(4) inserted (1.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 12(3)(b); S.I. 1997/2323, art. 6(2)
Modifications etc. (not altering text)
C3Pt. II (ss. 6-12) applied by S.I. 1988/2290, reg. 3
C4S. 11 modified (7.10.1996) by S.I. 1996/2447, reg. 5(1)(b)
C5S. 11(2) excluded (24.3.2003) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 (S.S.I. 2003/1789), reg. 9