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The Access to Justice Act 1999 (Commencement No. 3, Transitional Provisions and Savings) Order 2000

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Costs

8.—(1) In this article,

(a)“Legal Aid General Regulations” means the Civil Legal Aid (General) Regulations 1989(1); and

(b)“CLS Costs Regulations” means the Community Legal Service (Costs) Regulations 2000(2).

(2) Paragraph (3) applies where services mentioned in article 5(1)(c) have been provided in proceedings, and the amount of the assisted person’s liability for costs falls to be determined under regulation 124 of the Legal Aid General Regulations.

(3) With effect from 5th June 2000, subject to paragraph (4), regulations 127 to 130 and 134 to 147 of the Legal Aid General Regulations shall not apply, and the amount of the assisted person’s liability and any application for an order under section 18 of the 1988 Act shall be determined in accordance with regulations 2 and 9 to 13 of the CLS Costs Regulations.

(4) References in the CLS Costs Regulations to “client”, “section 11(1)” and “a costs order against the Commission” shall be construed, respectively, as references to “assisted person”, “section 17(1) of the 1988 Act” and “an order under section 18 of the 1988 Act”.

(1)

S.I. 1989/339. These Regulations were most recently amended by S.I. 2000/451. They are revoked by virtue of the repeal of enabling provisions in the Legal Aid Act 1988 (c. 34) by the Access to Justice Act 1999 (c. 22), subject to savings and transitional provisions contained in this Order.

(2)

S.I. 2000/441.

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