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Change 1
As published
135B Legal costs: England and Wales
(1) An order under section 134(5) may not require the payment out of money provided by Parliament of an amount that includes an amount in respect of legal costs incurred by the person in whose favour the order is made, subject to the following provisions of this section.
(2) Subsection (1) does not apply in relation to legal costs incurred in—
(a) proceedings in a magistrates' court, or
(b) proceedings in the Supreme Court.
(3) The Lord Chancellor may by regulations make provision about exceptions from the prohibition in subsection (1), including—
(a) provision amending this section by adding, modifying or removing an exception, and
(b) provision for an exception to arise where a determination has been made by a person specified in the regulations.
(4) Regulations under subsection (3) may not remove or limit the exception provided by subsection (2)(b).
(5) Where a judge or court makes an order under section 134(5) requiring the payment out of money provided by Parliament of an amount that includes an amount in respect of legal costs, the order must include a statement to that effect.
(6) Where, in an order under section 134(5), a judge or court fixes an amount to be paid out of money provided by Parliament that includes an amount in respect of legal costs incurred in proceedings in a court other than the Supreme Court, the latter amount must not exceed an amount specified by regulations made by the Lord Chancellor.
(7) In this section—
“ legal costs ” means fees, charges, disbursements and other amounts payable in respect of advocacy services or litigation services including, in particular, expert witness costs;
“ advocacy services ” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right of audience in relation to any proceedings, or contemplated proceedings, to provide;
“ expert witness costs ” means amounts payable in respect of the services of an expert witness, including amounts payable in connection with attendance by the witness at court or elsewhere;
“ litigation services ” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right to conduct litigation in relation to proceedings, or contemplated proceedings, to provide.
(8) This section extends to England and Wales only.
Your change, as a redline
135B Legal costs: England and Wales
(1) An order under section 134(5) may not require the payment out of money provided by Parliament of an amount that includes an amount in respect of legal costs incurred by the person in whose favour the order is made, subject to the following provisions of this section.
(2) Subsection (1) does not apply in relation to legal costs incurred in—
(a) proceedings in a magistrates' court, or
(b) proceedings in the Supreme Court.
(3) The Lord Chancellor may by regulations make provision about exceptions from the prohibition in subsection (1), including—
(a) provision amending this section by adding, modifying or removing an exception, and
(b) provision for an exception to arise where a determination has been made by a person specified in the regulations.
(4) Regulations under subsection (3) may not remove or limit the exception provided by subsection (2)(b).
(5) Where a judge or court makes an order under section 134(5) requiring the payment out of money provided by Parliament of an amount that includes an amount in respect of legal costs, the order must include a statement to that effect.
(6) Where, in an order under section 134(5), a judge or court fixes an amount to be paid out of money provided by Parliament that includes an amount in respect of legal costs incurred in proceedings in a court other than the Supreme Court, the latter amount must not exceed an amount specified by regulations made by the Lord Chancellor.
(7) In this section—
“ legal costs ” means fees, charges, disbursements and other amounts payable in respect of advocacy services or litigation services including, in particular, expert witness costs;
“ advocacy services ” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right of audience in relation to any proceedings, or contemplated proceedings, to provide;
“ expert witness costs ” means amounts payable in respect of the services of an expert witness, including amounts payable in connection with attendance by the witness at court or elsewhere;
“ litigation services ” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right to conduct litigation in relation to proceedings, or contemplated proceedings, to provide.
(8) This section extends to England and Wales only.
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