Part VI Miscellaneous
F1Interim payments to solicitors and counsel
33ZCRecovery where interim payment excessive
1
This section applies where—
a
a sum has been paid out of the Fund under section 4(2)(ad) to a solicitor or counsel while providing legal aid or advice and assistance, and
b
the solicitor or counsel is no longer providing the legal aid or advice and assistance.
2
Where the sum paid out of the Fund exceeds the sum that would, but for section 33(6), be payable under section 4(2)(a) in connection with the provision of the legal aid or advice and assistance, the solicitor or (as the case may be) counsel is liable to the Board for the difference between the sums.
3
A firm is jointly and severally liable for a sum owed by a solicitor to the Board by virtue of subsection (2) if the interim payment referred to in that subsection was made to the firm on the solicitor’s instruction.
4
Where—
a
a firm is jointly and severally liable to the Board for a sum by virtue of subsection (3), and
b
a separate sum is due to be paid out of the Fund to the firm, on the instruction of a solicitor,
the Board may deduct all or part of the sum mentioned in paragraph (a) from the sum mentioned in paragraph (b).
5
This section is without prejudice to any other enactment or rule of law under which the difference between the sums mentioned in subsection (2) may be recovered.
Ss. 33ZB, 33ZC and cross-heading inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 35(4), 59(1) (with s. 48(1)(c)(2)(c)(3)(b))