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Procedure relating to moneys payable to aided persons

Legal Aid and Advice Regulations

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—(1) Subject to paragraphs (2) and (7), all moneys payable to an aided person —(a)by virtue of any order or agreement made in connection with the action, cause or matter to which his Grant of Aid relates, whether the agreement be made before or after proceedings are actually begun; or(b)being moneys paid into court by any party and which are due or accruing due to the aided person in any proceedings to which his Grant of Aid relates,shall be paid or repaid, as the case may be, to the Director and no other person shall be capable of giving a good discharge for moneys so payable.(2) Where the Director is satisfied that the moneys payable to him under paragraph (1) are in excess of the total amount to be paid or retained by him under paragraph (3), the Director may approve that the whole or any part of such excess be paid to the aided person directly. (3) Upon receiving any moneys payable to him under paragraph (1), the Director shall —(a)retain or pay to the aided person’s solicitor, as the case may be, the costs of the proceedings as determined under regulation 15;(b)retain any sum paid pursuant to an order or agreement for costs made in the aided person’s favour; (c)retain a sum equal to the amount (if any) remaining unpaid in respect of any contribution under section 22A(1) of the Act or any amount expended or advanced to meet out-of-pocket expenses under section 13(6) of the Act; (d)retain any costs of proceedings taken by the Director under paragraph (4)(ii), in so far as such costs have not been recovered from the person against whom the proceedings have been taken; and(e)pay the net balance of the moneys to the aided person.(4) Where in any proceedings to which an aided person is a party —(a)an order or agreement is made providing for the recovery or preservation of property for the benefit of the aided person and, by virtue of section 22A of the Act, any sum remaining unpaid on account of the aided person’s contribution may be deducted from the property so recovered or preserved; or (b)an order or agreement is made for the payment of costs to the aided person,the Director may —(i)require the aided person to take such proceedings, being proceedings which may be taken under section 5 of the Act, as may be necessary to enforce or give effect to the order or agreement; or(ii)proceed to enforce any such order or agreement for the payment of money by the issue in his name of such proceedings referred to in sub-paragraph (i) as the Director deems fit in any court, without reference to the aided person, if the aided person fails, refuses or is unable to take those proceedings or the Director is of the opinion that it is reasonable and expedient to do so having regard to the probable cost of proceedings and the likelihood of their being successful.(5) Nothing in these Regulations shall be taken to require a Grant of Aid to be issued for the purposes of enforcement proceedings brought in the name of the Director pursuant to paragraph (4)(ii).(6) The Director may defer the payment to an aided person’s solicitor of the solicitor’s costs in connection with the proceedings until the Director has, in his opinion, given effect to this regulation. (7) This regulation shall not apply to any moneys payable under section 68, 69 or 70, or Chapters 4, 4A and 5 of Part 10, of the Women’s Charter 1961, and for the purpose of section 22A(3) of the Act, “property” shall not be taken as including any moneys so payable.

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