Parliamentary Costs Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Parliamentary Costs Bill [HL]

Parliamentary Costs Bill [HL]
1

A
Bill
To
Consolidate the House of Commons Costs Taxation Act 1847, the House of
Lords Costs Taxation Act 1849, the Parliamentary Costs Act 1865, the
Parliamentary Costs Act 1867, the Parliamentary Costs Act 1871 and the
House of Commons Costs Taxation Act 1879, with amendments to give effect
to recommendations of the Law Commission and the Scottish Law
Commission.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Functions of responsible officers
1
Appointment of taxing officers
(1)
The responsible officer of each House of Parliament must appoint a person to
be the taxing officer of that House.
(2)
The taxing officer—
5
(a)
is to hold and vacate office according to the terms of his appointment,
and
(b)
must act according to any directions he receives from his responsible
officer.
(3)
“Responsible officer” means—
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(a)
in relation to the House of Commons, the Speaker, and
(b)
in relation to the House of Lords, the Clerk of the Parliaments (or, in his
absence, the Clerk Assistant).
2
Authorisation of representatives’ charges
(1)
The responsible officer of each House of Parliament may prepare a list which
15
specifies—
(a)
matters relating to proceedings of that House on private Bills and for
which representatives may charge costs, and

Bill 224 54/1

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(b)
the amount of costs which they may charge for each matter.
(2)
On an assessment of costs under this Act, a taxing officer may not allow costs
for a matter specified under subsection (1)(a) in so far as they exceed the
amount specified for that matter under subsection (1)(b).
(3)
But he may allow reasonable costs for a matter which—
5
(a)
relates to the proceedings, but
(b)
is not specified under subsection (1)(a).
Assessment of disputed costs
3
Application for assessment
(1)
Either of the following may apply for an assessment of costs relating to
10
proceedings of Parliament on a private Bill—
(a)
a representative (or a successor of his) to whom payment of the costs is
overdue,
(b)
a party who has been charged with, but who objects to, the costs.
(2)
Subsection (1) does not apply unless the representative (or a partner or
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successor of his) has signed a bill of the costs and—
(a)
delivered it to the party, or
(b)
sent it by post to, or left it for him at, his workplace, home or last known
home address.
(3)
The application must be made—
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(a)
where the proceedings took place in only one House, to the taxing
officer of that House;
(b)
where they took place in both Houses, to either taxing officer.
(4)
The application must be accompanied by a true copy of the bill of costs.
(5)
If, pending an assessment of costs on an application under this section,
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proceedings are brought to recover the costs, those proceedings are stayed
until the costs have been certified under section 8.
4
Duty to assess: general
(1)
A taxing officer who receives an application under section 3 must assess the
costs to which the application relates (except in so far as they are to be assessed
30
by another officer as a result of section 5).
(2)
Subsection (1) does not apply in the case of an application within section 3(1)(b)
if—
(a)
before the application is made, judgment is obtained in proceedings for
the recovery of the costs, or
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(b)
the application is made after the end of the period of six months
beginning with the day on which the bill of costs is delivered, sent or
left in accordance with section 3(2).
(3)
But if, in the case of an application within section 3(1)(b) made after the end of
that period, the taxing officer informs his responsible officer of special
40
circumstances, the responsible officer may, having regard to that information,
direct the taxing officer to assess the costs to which the application relates.

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5
Duty to assess: special cases
(1)
Subsection (2) applies where—
(a)
the taxing officer of one House receives an application under section 3,
and
(b)
the bill of costs to which the application relates includes costs which
5
relate to a private Bill but not to proceedings of that House.
(2)
The taxing officer may—
(a)
assess the costs himself, or
(b)
ask the taxing officer of the other House or an authorised court officer
to assess some or all of them.
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(3)
Subsection (5) applies where—
(a)
an officer is asked under subsection (2)(b) to assess costs, or
(b)
the Secretary of State asks the taxing officer of the House of Commons
to assess costs relating to a Bill or to a provisional order.
(4)
Subsection (5) also applies where an authorised court officer asks either taxing
15
officer to assess costs—
(a)
relating to a private Bill, and
(b)
included in a bill of costs which the authorised officer is directed to
assess by the court by which he is authorised.
(5)
The officer concerned must—
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(a)
assess the costs, and
(b)
give his opinion to the person who asked him to assess them.
(6)
An authorised court officer may—
(a)
for the purpose of assessing costs under this section, exercise any
powers he has for the purpose of assessing costs under his authority,
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and
(b)
receive fees for assessing costs under this section on the same basis as
he would for assessing costs under his authority.
(7)
“Authorised court officer” means an officer of a court who is authorised by that
court to assess costs relating to its proceedings.
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6
Report to responsible officer
(1)
After the assessment of costs on an application under section 3, the taxing
officer must, if required to do so by the representative (or his successor) or the
party, report the assessment to his responsible officer.
(2)
The report must specify—
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(a)
the amount of costs allowed on the assessment,
(b)
how much of that amount has yet to be paid, and
(c)
the amount of costs payable for carrying out the assessment.
(3)
Where the amount specified for the purposes of subsection (2)(a) includes an
amount for costs assessed under section 5, that amount may be specified in the
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report and certified under section 8.

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7
Complaints about report
(1)
This section applies where—
(a)
a taxing officer reports an assessment of costs under section 6, and
(b)
the representative (or his successor) or the party wishes to complain
about the report.
5
(2)
The person wishing to complain may give a statement of his complaint to the
responsible officer of the House concerned.
(3)
The statement must be given to the responsible officer before the end of the
applicable period.
(4)
The responsible officer may—
10
(a)
give the report and the statement to the taxing officer, and
(b)
require him to make a further report on the assessment.
(5)
On receiving that further report, the responsible officer may require the taxing
officer to amend the report to which the statement of complaint relates.
(6)
In this section and section 8, “applicable period”, in relation to a report under
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section 6, means the period of 21 days beginning with the day after the one on
which the report is made.
8
Certificate by responsible officer
(1)
This section applies where—
(a)
at the end of the applicable period, no statement of complaint has been
20
given under section 7, or
(b)
any matters complained of in a statement given under that section have
been finally disposed of.
(2)
If the representative or party applies to the responsible officer for a certificate
of costs, the responsible officer must certify to him the amount of the costs.
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(3)
The certificate is to be treated for the purposes of any proceedings as
conclusive evidence of—
(a)
the matters to which the costs relate,
(b)
the amount of costs allowed on the assessment,
(c)
how much of that amount has, as at the date of the certificate, yet to be
30
paid, and
(d)
the amount of costs payable for carrying out the assessment.
(4)
Subsection (5) applies where, in proceedings to recover costs certified under
this section, the defendant says he is not liable to pay them (or part of them).
(5)
The certificate is to be treated for the purposes of any proceedings as
35
conclusive evidence only of such amount (if any) as the claimant may recover
from the defendant as a result of the proceedings mentioned in subsection (4).
Vexatious proceedings
9
Award of costs to promoter of private Bill
(1)
This section applies where, in proceedings of Parliament on a private Bill, a
40
committee of either House—

Parliamentary Costs Bill [HL]
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(a)
decides that the preamble to the Bill is proved, and
(b)
unanimously reports that the promoter has been vexatiously exposed
to costs as a result of opposition to the Bill by one or more petitioners.
(2)
The promoter may recover from the petitioner (or, where there is more than
one, those specified by the committee)—
5
(a)
such portion as the committee specifies of the promoter’s costs of
promoting the Bill (subject to their assessment under section 12), or
(b)
if the committee specifies an amount in respect of those costs and the
parties affected agree to it, that amount.
(3)
The committee must specify in its report—
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(a)
the portion or amount of costs recoverable under this section,
(b)
who must pay that portion or amount, and
(c)
who may recover it.
(4)
A landowner who at his own risk and cost opposes a private Bill which
proposes the acquisition of any part of his property is not liable under this
15
section for any costs in respect of his opposition.
(5)
For the purposes of this section and section 10, a committee is to be regarded
as reporting unanimously if its report is made by every member of it present.
10
Award of costs to petitioner opposing private Bill
(1)
This section applies where, in proceedings of Parliament on a private Bill, a
20
committee of either House—
(a)
decides that the preamble to the Bill is not proved, or amends the Bill
so as to protect a petitioner who opposes it, and
(b)
unanimously reports that a petitioner who opposes the Bill has been
unreasonably or vexatiously exposed to costs in defending rights of his
25
with which the Bill proposes to interfere.
(2)
A petitioner of the kind mentioned in subsection (1)(b) may recover from the
promoter—
(a)
the amount of the petitioner’s costs (subject to their assessment under
section 12) for defending rights of his of the kind mentioned in
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subsection (1)(b),
(b)
if the committee specifies a portion of those costs, that portion, or
(c)
if the committee specifies an amount in respect of those costs and the
parties affected agree to it, that amount.
(3)
The committee must specify in its report—
35
(a)
the portion or amount of costs recoverable under this section,
(b)
who must pay that portion or amount, and
(c)
who may recover it.
11
Application for assessment etc. on award of vexatious costs
(1)
A person entitled to recover costs under section 9(2)(a) or 10(2)(a) or (b) may
40
apply for their assessment and certification.
(2)
A person entitled to recover costs under section 9(2)(b) or 10(2)(c) may apply
only for their certification.

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(3)
The application must be made to the taxing officer of the House to which the
members of the committee awarding the costs belong.
(4)
The application—
(a)
must be made before the end of the period of six months beginning
with the date of the committee’s report, but
5
(b)
if made under subsection (1), must not be made before the end of the
period of one month beginning with the day on which a duly signed bill
of the costs is delivered to the person required to pay those costs.
(5)
“Duly signed”, in relation to a bill of costs, means signed (or, where
appropriate, sealed) by or on behalf of the applicant.
10
12
Duty to assess and certify vexatious costs
(1)
Where a taxing officer receives an application under section 11(1), he must
assess and certify the costs to which the application relates.
(2)
Where a taxing officer receives an application under section 11(2), he must
certify the costs to which the application relates.
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(3)
The certificate must specify—
(a)
the amount of costs recoverable (“the recoverable costs”),
(b)
the person entitled to recover that amount (“the entitled person”),
(c)
any person liable to pay it (“the liable person”), and
(d)
the extent to which he is liable to do so (“the specified extent”).
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(4)
The certificate is to be treated for the purposes of any proceedings as
conclusive evidence of—
(a)
the recoverable costs, and
(b)
the right of the entitled person to recover those costs from the liable
person to the specified extent.
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(5)
The certificate must be—
(a)
signed by the taxing officer giving it, and
(b)
given by him to such of the parties affected as he thinks appropriate.
(6)
The entitled person must, on recovering the recoverable costs, give a receipt at
the foot of the certificate; and the receipt discharges the liability to pay the
30
costs.
Powers etc. on assessment
13
Functions of taxing officers etc.
(1)
A taxing officer required to assess costs under this Act may—
(a)
take evidence on oath from a party to, or a witness connected with, the
35
proceedings on the assessment;
(b)
require a party to those proceedings to produce documents in his
possession which relate to the assessment.
(2)
A taxing officer required to assess costs under section 4 or 5 must—
(a)
hold a hearing for the purpose of carrying out the assessment, and
40
(b)
give the parties to the proceedings on the assessment reasonable notice
of the hearing.

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(3)
If a party neglects to attend the hearing, it may be held in his absence.
(4)
If costs have been assessed under this Act, the taxing officer may, having
worked out how much of the amount assessed has already been paid, report—
(a)
the amount already paid, and
(b)
any amount still owing.
5
14
Fees
(1)
A taxing officer may require a party to proceedings on an assessment under
this Act, or a person affected by a certification under this Act, to pay him—
(a)
the costs of carrying out the assessment or certification, and
(b)
an amount equivalent to any fees which he is authorised or required by
10
the orders of the House concerned to charge for carrying it out (or such
portion of that amount as he directs).
(2)
If he receives any money under this section, he must apply it according to the
orders of the House.
Miscellaneous
15
15
Application to other types of Bill, etc.
(1)
Any function exercisable under section 2, 4, 6, 7 or 8 by the Speaker or taxing
officer of the House of Commons in respect of a private Bill is also exercisable
by him in respect of—
(a)
the promotion of, or opposition to, a provisional order or provisional
20
order Bill;
(b)
the opposition to a hybrid Bill.
(2)
The power under section 3 is exercisable in respect of proceedings of the House
of Commons on a matter within paragraph (a) or (b) of subsection (1) as it is in
respect of proceedings of that House on a private Bill.
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(3)
A reference in this Act to an assessment of costs made, or required to be made,
under this Act is accordingly to be read as including a reference to an
assessment made, or required to be made, as a result of subsection (1) or (2).
(4)
S ections 9 to 12 apply in relation to a provisional order Bill referred to a select
committee of either House as they apply in relation to a private Bill.
30
(5)
Where section 12 applies as a result of subsection (4), any function which
would be exercisable under section 13(1) or 14 by a taxing officer in respect of
a private Bill is exercisable by him in respect of the provisional order Bill.
16
Court of Referees
The Court of Referees may take evidence on oath on such matters in relation to
35
a private Bill as the Court is entitled under an order of the House of Commons
to investigate.