Draft General Commissioners of Income Tax (Costs) and Draft Justices and Justices' Clerks (Costs) Regulations 2001

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Mr. Burnett: It is a technical matter, but costs are sometimes determined on a party-to-party basis, which means that an individual does not receive a full indemnity for reasonable costs, but sometimes they are determined on a full indemnity basis. If the individual has had reasonable representation, will the entire costs be indemnified? The Minister may like to dwell further on the issue and write to me later. I would also be grateful if she would respond to my question about the justices' clerks regulations.

Jane Kennedy: Yes, I can answer that now. I said in my opening remarks that the regulations will relate to any proceedings in respect of an act or an omission. I spoke about general commissioners, but justices' clerks are equally relevant in respect of the execution, or purported execution, of their duty. All duties performed by justices' clerks are covered—except when they are being tried for an offence, appealing against a conviction, or it is proven that they acted in bad faith. I hope that that satisfies the hon. Gentleman about justices' clerks.

On the technical question of costs, I undertake to reflect further on what he said and to reply to him later if I can provide any further information. The detailed determination of costs will, in general, be a matter for the courts in each case.

Question put and agreed to.


    That the Committee has considered the Draft General Commissioners of Income Tax (Costs) Regulations 2001.



    That the Committee has considered the Draft Justices and Justices' Clerks (Costs) Regulations 2001.

        Committee rose at thirteen minutes to Five o'clock.

The following Members attended the Committee:
Pike, Mr. Peter L. (Chairman)
Atkinson, Mr. David
Barnes, Mr.
Begg, Miss
Beresford, Sir Paul
Burnett, Mr.
Clark, Mr. Paul
Clwyd, Ann
Cryer, Mr. John
Hawkins, Mr.
Kennedy, Jane
McGuire, Mrs.
Paterson, Mr.
Savidge, Mr.

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