Clause 17

The Director may require a person to make one or more contributions, in a lump sum or by instalments, in respect of any matter for which an application for legal aid or legal advice has been made by that person.(2) Where an application mentioned in subsection (1) is made on behalf of a minor by the minor’s guardian, a reference in subsection (1) to a person is a reference to —

in any case where the minor is unmarried and the guardian is a relative (within the meaning of section 6(4)) of the minor — both the guardian and the minor; and

in any other case — the minor only.(3) Unless the regulations made under this Act otherwise provide, any sum remaining unpaid on account of a person’s contribution, in respect of any matter for which legal aid has been granted, is a first charge on any property that is recovered or preserved for that person in the proceedings connected to the matter, in favour of any fund established under this Act.(4) For the purposes of subsection (3), a reference to any property recovered or preserved for a person in any proceedings includes a reference to both of the following:

the person’s rights under any settlement or compromise to avoid, or to end, those proceedings;

any sums recovered by the person as damages or costs under an order made in the person’s favour in those proceedings (other than any sums payable to the Director under section 14 or 16).(5) The charge under subsection (3) does not prevent a court from allowing any damages or costs mentioned in subsection (4)(b) that are recovered by a person to be set off against any damages or costs awarded against that person, in any case where a solicitor’s lien for costs would not prevent the court from allowing that set off.(6) The Director may, in the Director’s discretion, reduce any contribution, or waive or refund the whole or any part of any contribution, that a person is required to pay under subsection (1).”.