Moved by
Baroness Williams of Trafford
90: Clause 14, page 55, line 43, at end insert—
“(5A) An order under subsection (1) made by a magistrates’ court may provide for payment under subsection (9) of reasonable legal expenses that a person has reasonably incurred, or may reasonably incur, in respect of—
(a) the proceedings in which the order is made, or
(b) any related proceedings under this Chapter.
(5B) A sum in respect of a relevant item of expenditure is not payable under subsection (9) in pursuance of provision under subsection (5A) unless—
(a) the person who applied for the order under subsection (1) agrees to its payment, or
(b) the court has assessed the amount allowed in respect of that item and the sum is paid in respect of the assessed amount.
(5C) For the purposes of subsection (5B)—
(a) a “relevant item of expenditure” is an item of expenditure to which regulations under section 286B would apply if the order under subsection (1) had instead been a recovery order;
(b) an amount is “allowed” in respect of a relevant item of expenditure if it would have been allowed by those regulations.”
91: Clause 14, page 56, line 9, leave out from “of” to end of line 11 and insert “any provision of this section only if the person is a senior officer or is authorised to do so by a senior officer.
“Senior officer” has the same meaning in this subsection as it has in section 303E.”
92: Clause 14, page 56, line 13, at end insert—
“(za) first, it must be applied in making any payment of legal expenses which, after giving effect to subsection (5B), are payable under this subsection in pursuance of provision under subsection (5A);”
93: Clause 14, page 56, line 14, leave out “first” and insert “second”
94: Clause 14, page 56, line 18, leave out “second” and insert “third”
95: Clause 14, page 56, line 43, at end insert—
“(3A) An order under subsection (3) made by the High Court may include provision of the type that may be included in an order under section 303O(3) made by a magistrates’ court by virtue of section 303(3A).
(3B) If provision is included in an order of the High Court by virtue of subsection (3A) of this section, section 303O(3B) and (3C) apply with the necessary modifications.”
96: Clause 14, page 58, line 7, at end insert—
“(1A) Where an order under section 303Q is made by a magistrates’ court, any party to the proceedings for the order (including any party to the proceedings under section 303O that preceded the making of the order) may appeal against a decision to include, or not to include, provision in the order under subsection (5A) of section 303Q.”
97: Clause 14, page 58, line 8, leave out “subsection (1)” and insert “this section”
98: Clause 14, page 58, line 12, leave out “subsection (1)” and insert “this section”
99: Clause 14, page 58, line 33, at end insert—
“(aa) second, they must be applied in making any payment of legal expenses which, after giving effect to section 303O(3B)(including as applied by section 303R(3B)), are payable under this subsection in pursuance of provision under section 303O(3A) or, as the case may be, 303R(3A);”
100: Clause 14, page 58, line 34, leave out “second” and insert “third”
101: Clause 14, page 58, line 38, leave out “third” and insert “fourth”