10.—(1) This regulation applies if a legally aided party has received in a pre-commencement case funded services made available under the Community Legal Service in connection with a relevant dispute or relevant proceedings.
(2) Where this regulation applies, section 25(2)(a) of the Act (charges on property in connection with civil legal services) is modified so that the amounts expended by the Lord Chancellor in securing the provision of the services include the amounts expended in providing funded services under the Community Legal Service.
(3) Where this regulation applies, the Civil Legal Aid (Statutory Charge) Regulations 2013(1) must be applied with the following modifications—
(a)in regulation 4(1), the reference to the cost to the Lord Chancellor of providing the forms of civil legal services set out in regulation 4(1)(a) to (e) includes the cost of providing the following levels of service—
(i)Legal Help;
(ii)Help at Court;
(iii)Family Help (Lower); or
(iv)Family Mediation; and
(b)in regulation 4(2), the reference to the cost to the Lord Chancellor of providing legal help, help at court, family help (lower) and family mediation includes the cost of providing the following levels of service—
(i)Legal Help;
(ii)Help at Court; or
(iii)Family Help (Lower).
(4) In a case to which this regulation applies, the statutory charge created by section 25(1) of the Act does not include any amount that has been recovered or charged under the charge arising under section 10(7) of the 1999 Act.
(5) In this regulation “legally aided party”, “relevant dispute” and “relevant proceedings” have the same meaning as in the Civil Legal Aid (Statutory Charge) Regulations 2013.
Commencement Information
I1Reg. 10 in force at 1.4.2013, see reg. 1