Part 1Legal aid

Contributions and costs

25Charges on property in connection with civil legal services

1

Where civil legal services are made available to an individual under this Part, the amounts described in subsection (2) are to constitute a first charge on—

a

any property recovered or preserved by the individual in proceedings, or in any compromise or settlement of a dispute, in connection with which the services were provided (whether the property is recovered or preserved for the individual or another person), and

b

any costs payable to the individual by another person in connection with such proceedings or such a dispute.

2

Those amounts are—

a

amounts expended by the Lord Chancellor in securing the provision of the services (except to the extent that they are recovered by other means), and

b

other amounts payable by the individual in connection with the services under section 23 or 24.

3

Regulations may make provision for exceptions from subsection (1).

4

Regulations may make provision about the charge under subsection (1) including, in particular—

a

provision as to whether the charge is in favour of the Lord Chancellor or a person by whom the services were made available,

b

provision modifying the charge for the purposes of its application in prescribed cases or circumstances, and

c

provision about the enforcement of the charge.

5

Regulations under subsection (4)(c) may, in particular, include—

a

provision requiring amounts recovered by the individual in proceedings or as part of a compromise or settlement of a dispute, and costs payable to the individual, to be paid to the Lord Chancellor or a person by whom the services were made available,

b

provision about the time and manner in which the amounts must be paid,

c

provision about what the Lord Chancellor or the person by whom the services were made available must do with the amounts,

d

provision for the payment of interest on all or part of the amounts,

e

provision for the payment to the individual concerned of any amount in excess of the amounts described in subsection (2), and

f

provision for the enforcement of requirements described in paragraph (a).

6

Regulations under this section may include provision requiring information and documents to be provided.