Page:Prosecution of Offences Act 1985.pdf/22

20c. 23

apply in relation to any category of proceedings in which an offender is before a magistrates’ court or the Crown Court shall apply in relation to proceedings of that category, subject to any specified modifications. Supplemental

20.—(1) The Lord Chancellor may make regulations for carrying this Part into effect and the regulations may, in particular, make provision as to—
 * (a) the scales or rates of payments of any costs payable out of central funds in pursuance of any costs order, the circumstances in which and conditions under which such costs may be allowed and paid and the expenses which may be included in such costs; and
 * (b) the review, as respects costs payable out of central funds in pursuance of any costs order, of any decision on taxation, or determination of the amount, of the costs;

and any provision made by or under this Part enabling any sum to be paid out of central funds shall have effect subject to any such regulations.

(2) The Lord Chancellor may by regulations make provision for the recovery of sums paid out of the legal aid fund or central funds in cases where—
 * (a) a costs order has been made against a party to proceedings; and
 * (b) the person in whose favour the order was made is a legally assisted person or a person in whose favour a defendant’s costs order or, as the case may be, an order under section 17 of this Act has been made.

(3) Regulations made under subsection (1) above may provide that rates or scales of allowances payable out of central funds under a costs order shall be determined by the Lord Chancellor with the consent of the Treasury.

(4) Regulations made under subsection (2) above may, in particular
 * (a) require the person mentioned in paragraph (a) of that subsection to pay sums due under the costs order in accordance with directions given by the Lord Chancellor (either generally or in respect of the particular case); and
 * (b) enable the Lord Chancellor to enforce those directions in cases to which they apply.

(5) Subsection (4) of section 61 of the Justices of the Peace Act 1979 (regulations as to accounts of justices’ clerks) shall apply