Access to Justice Act 1999

17 Terms of provision of funded services. E+W

(1) An individual for whom services are funded by the Commission as part of the Criminal Defence Service shall not be required to make any payment in respect of the services except where subsection (2) applies [F1 or regulations under section 17A otherwise provide].

(2) Where representation for an individual in respect of criminal proceedings in any court other than a magistrates’ court is funded by the Commission as part of the Criminal Defence Service, the court may, subject to regulations under subsection (3), make an order requiring him to pay some or all of the cost of any representation so funded for him (in proceedings in that or any other court) [F2 , except insofar as he has already been ordered under regulations under section 17A to pay that cost].

(3) Regulations may make provision about—

(a) the descriptions of individuals against whom an order under subsection (2) may be made,

(b) the circumstances in which such an order may be made and the principles to be applied in deciding whether to make such an order and the amount to be paid,

(c) the determination of the cost of representation for the purposes of the making of such an order,

(d) the furnishing of information and evidence to the court or the Commission for the purpose of enabling the court to decide whether to make such an order and (if so) the amount to be paid,

(e) prohibiting individuals who are required to furnish information or evidence from dealing with property until they have furnished the information or evidence or until a decision whether to make an order, or the amount to be paid, has been made,

(f) the person or body to which, and manner in which, payments required by such an order must be made and what that person or body is to do with them, and

(g) the enforcement of such an order F3 . . . .

[F4 (4) Regulations under subsection (3)(g) may in particular—

(a) make provision for costs incurred in connection with the enforcement of an order under subsection (2) to be recovered from the individual against whom the order is made;

(b) provide that any overdue sums are—

(i) recoverable summarily as a civil debt;

(ii) recoverable, if the High Court or a county court so orders on the application of the person or body to which the sums are due, as if they were payable under an order of the court in question.

(5) In this section “overdue sum” means—

(a) a sum which is unpaid after the time when it is required by an order under subsection (2) to be paid;

(b) a sum which is required to be paid under regulations made by virtue of subsection (4)(a).]

Textual Amendments

F1 Words in s. 17(1) inserted (2.10.2006) by Criminal Defence Service Act 2006 (c. 9), ss. 3(2)(a), 5(2); S.I. 2006/2491, art. 2

F2 Words in s. 17(2) inserted (2.10.2006) by Criminal Defence Service Act 2006 (c. 9), ss. 3(2)(b), 5(2); S.I. 2006/2491, art. 2

F3 Words in s. 17(3)(g) repealed (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 152(2)(a), 178, 182, Sch. 23 (with s. 180)

F4 S. 17(4)(5) added (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 152(2)(b), 182 (with s. 180)