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Change 1
As published
29D Costs or expenses 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 paragraph 3 of Schedule 5, a function of a tribunal.
(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 Senior President of Tribunals, 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 power to make regulations under subsection (4) includes power to make—
(a) any supplementary, incidental or consequential provision, and
(b) any transitory, transitional or saving provision,
which the Lord Chancellor considers necessary or expedient.
(6) The Senior President of Tribunals may delegate the Senior President of Tribunals' functions under subsection (4) to a person who is a judicial office holder.
(7) Subsections (3) to (5) of section 8 apply to a delegation under subsection (6) of this section as they apply to a delegation under subsection (1) of that section.
(8) In the application of this section to Scotland—
(a) references to a court ordering an authorised person to pay costs are to be read as references to a court finding an authorised person liable in expenses, and
(b) the second reference to costs in subsection (3) is to be read as a reference to expenses.
Your change, as a redline
29D Costs or expenses 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 paragraph 3 of Schedule 5, a function of a tribunal.
(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 Senior President of Tribunals, 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 power to make regulations under subsection (4) includes power to make—
(a) any supplementary, incidental or consequential provision, and
(b) any transitory, transitional or saving provision,
which the Lord Chancellor considers necessary or expedient.
(6) The Senior President of Tribunals may delegate the Senior President of Tribunals' functions under subsection (4) to a person who is a judicial office holder.
(7) Subsections (3) to (5) of section 8 apply to a delegation under subsection (6) of this section as they apply to a delegation under subsection (1) of that section.
(8) In the application of this section to Scotland—
(a) references to a court ordering an authorised person to pay costs are to be read as references to a court finding an authorised person liable in expenses, and
(b) the second reference to costs in subsection (3) is to be read as a reference to expenses.
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