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The Community Legal Service (Financial) Regulations 2000

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40.—(1) Where a certificate has been discharged or revoked and the contribution made by the client exceeds the net cost of the funded services, the excess shall be refunded to the client.

(2) The net cost of the funded services means the cost paid by the Commission less any costs recovered by the Commission from another party.

(3) Where funding is provided by the Commission under a contract which does not differentiate between the remuneration for the client’s case and remuneration for other cases, or require the cost of individual cases to be assessed, the reference in paragraph (2) to the cost paid by the Commission shall be construed as a reference to such part of the remuneration payable under the contract as may be specified in writing by the Commission.

(4) For the purposes of this regulation and regulation 43, where a certificate is discharged the cost of any assessment proceedings under CPR Part 47 or of taxation in the House of Lords shall not be included as part of the cost of the funded services, and the cost of drawing up a bill is not part of the cost of assessment proceedings.

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