Part IE+W Legal Services Commission

Modifications etc. (not altering text)

C1Pt. I extended (1.9.2001) by 2001 c. 17, s. 6(2)(c) (with ss. 16(5), 78); S.I. 2001/2161, art. 2

C2Pt. 1: functions of the Lord Chancellor transferred (19.8.2003) to the Secretary of State by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 4, Sch. 1 (with art. 6)

Pt. 1: functions of the Secretary of State transferred (12.1.2006) to the Lord Chancellor by The Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I. 2005/3429), art. 3 (with arts. 4, 5)

Criminal Defence ServiceE+W

[F117AContribution ordersE+W

(1)Regulations may provide that, in prescribed circumstances, where—

(a)an individual has been granted a right to representation, and

(b)his financial resources are such as to make him liable under the regulations to do so,

the relevant authority shall order him to pay the cost of his representation or to make a contribution in respect of that cost of such amount as is fixed by or determined under the regulations.

(2)Regulations under subsection (1) may include—

(a)provision requiring the furnishing of information;

(b)provision for the determination of the cost of representation for the purposes of liability under a contribution order;

(c)provision enabling the relevant authority to require that an amount payable under a contribution order be paid by periodical payments or one or more capital sums, or both;

(d)provision for the payment by an individual of interest (on such terms as may be prescribed) in respect of—

(i)any payment in respect of the cost of representation required by a contribution order to be made by him later than the time when the representation is provided;

(ii)so much of any payment which he is required by a contribution order [F2, or regulations made by virtue of subsection (2A)(a),] to make which remains unpaid after the time when it is required to be made;

(e)provision about the enforcement of any liability under a contribution order, F3. . .

(f)provision for the variation or revocation of contribution orders;

(g)provision for an appeal to lie to such court or other person or body as may be prescribed against a contribution order;

(h)such transitional provision as the Lord Chancellor may consider appropriate.

[F4(2A)Enforcement regulations may in particular—

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

(b)provide for the withdrawal of an individual's right to representation in certain circumstances;

(c)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;

(d)authorise a court to make motor vehicle orders in respect of an individual for the purpose of enabling any overdue sum required to be paid by that individual to be recovered by the person or body to which the sum is due.

(2B)In subsection (2A)(d)—

  • “court” means the High Court, a county court or a magistrates' court;

  • “motor vehicle order” means—

    (a)

    a clamping order;

    (b)

    a vehicle sale order.

(2C)A clamping order is an order—

(a)that a motor vehicle be fitted with an immobilisation device (“clamped”), and

(b)which complies with any requirements that are imposed by enforcement regulations with respect to the making of clamping orders.

(2D)A vehicle sale order is an order that—

(a)a motor vehicle which is the subject of a clamping order is to be sold or otherwise disposed of in accordance with any provision made by enforcement regulations, and

(b)any proceeds are to be applied, in accordance with enforcement regulations, in discharging the individual's liability in respect of the overdue sum.

(2E)Schedule 3A makes provision about the content of enforcement regulations if provision of the kind mentioned in subsection (2A)(d) is made.]

(3)Regulations under subsection (1) shall include provision for the repayment to an individual of any payment made by him in excess of his liability under a contribution order.

(4)Regulations under subsection (1) shall provide that an order made under the regulations may not order the payment of costs to the extent that they are already the subject of an order under section 17(2).

(5)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6(5A)In paragraphs 6(1) and 7(1) of Schedule 3 (information requests) the reference to regulations under paragraph 3B(3) is to be read as including a reference to regulations under this section.]

[F7(6)In this section—

  • “contribution order” means an order made under regulations under subsection (1);

  • “enforcement regulations” means regulations made by virtue of subsection (2)(e);

  • “immobilisation device” has the meaning given by paragraph 8 of Schedule 3A;

  • “motor vehicle” has the meaning given by that paragraph;

  • “overdue sum” means—

    (a)

    a sum which is unpaid after the time when it is required by a contribution order to be paid;

    (b)

    any interest which is required to be paid by regulations made by virtue of subsection (2)(d);

    (c)

    a sum which is required to be paid under regulations made by virtue of subsection (2A)(a).]]

Textual Amendments