F1PART 6AExercise of judicial functions by authorised persons

Annotations:
Amendments (Textual)
F1

Pt. 6A inserted (10.1.2020 for specified purposes, 6.4.2020 in so far as not already in force) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 32; S.I. 2020/24, regs. 2(b)(iii), 3(b)

67FCosts in legal proceedings: authorised persons

1

A court may not order an authorised person to pay costs in any proceedings in respect of what the person does or omits to do in the execution (or purported execution) of the person's duty as an authorised person exercising, by virtue of section 67B(1), a relevant judicial function.

2

But subsection (1) does not apply in relation to any proceedings in which an authorised person—

a

is being tried for an offence or is appealing against a conviction, or

b

is proved to have acted in bad faith in respect of the matters giving rise to the proceedings.

3

A court which is prevented by subsection (1) from ordering an authorised person to pay costs in any proceedings may instead order the Lord Chancellor to make a payment in respect of the costs of a person in the proceedings.

4

The Lord Chancellor may, after consulting the Lord Chief Justice, make regulations specifying—

a

circumstances in which a court must or must not exercise the power conferred on it by subsection (3), and

b

how the amount of any payment ordered under subsection (3) is to be determined.

5

The Lord Chief Justice may nominate a judicial office holder to exercise the Lord Chief Justice's functions under this section.