Access to Justice Bill [H.L.]

House of Lords

Session 1998-99
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Arrangement of Clauses (Contents)

Access to Justice Bill [H.L.]

A
B I L L
[AS AMENDED IN COMMITTEE]
TO
Establish the Legal Services Commission, the Community Legal Service and the Criminal Defence Service; to amend the law of legal aid in Scotland; to make further provision about legal services; to make provision about appeals (including cases stated) and applications for habeas corpus and the reporting of court proceedings; to amend the law about magistrates and magistrates' courts; and to make provision about immunity from action and costs and indemnities for certain officials exercising judicial functions.
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:-

PART I

THE LEGAL SERVICES COMMISSION

The Commission

The Legal Services Commission.     1. - (1) There shall be a body known as the Legal Services Commission (in this Part referred to as "the Commission").

    (2) The Commission shall have the functions relating to-

(a) the Community Legal Service, and

(b) the Criminal Defence Service,

which are conferred or imposed on it by the provisions of this Act or any other enactment.

    (3) The Commission shall consist of-

(a) not fewer than seven members, and

(b) not more than twelve members;

but the Lord Chancellor may by order substitute for either or both of the numbers for the time being specified in paragraphs (a) and (b) such other number or numbers as he thinks appropriate.

    (4) The members of the Commission shall be appointed by the Lord Chancellor; and the Lord Chancellor shall appoint one of the members to chair the Commission.

    (5) In appointing persons to be members of the Commission the Lord Chancellor shall have regard to the desirability of securing that the Commission includes persons with experience in or knowledge of-

(a) the provision of services which the Commission can fund as part of the Community Legal Service or Criminal Defence Service,

(b) the work of the courts,

(c) social conditions, and

(d) management.

    (6) Schedule 1 (which makes further provision about the Commission) has effect.

Power to replace Commission with two bodies.     2. - (1) The Lord Chancellor may by order establish in place of the Commission two bodies-

(a) one to have functions relating to the Community Legal Service, and

(b) the other to have functions relating to the Criminal Defence Service.

    (2) The order may make any consequential, incidental, supplementary or transitional provisions, and any savings, which appear to the Lord Chancellor to be appropriate.

    (3) The order shall include amendments of-

(a) any provisions of, or amended by, this Part which refer to the Commission, and

(b) any other enactments which so refer,

to replace references to the Commission with references to either or both of the bodies established by the order.

Powers of Commission.     3. - (1) Subject to the provisions of this Part, the Commission may do anything which it considers-

(a) is necessary or appropriate for, or for facilitating, the discharge of its functions, or

(b) is incidental or conducive to the discharge of its functions.

    (2) In particular, the Commission shall have power-

(a) to enter into any contract,

(b) to make grants (either without conditions or with conditions, including conditions as to repayment),

(c) to make loans,

(d) to invest money,

(e) to promote or assist in the promotion of publicity relating to its functions,

(f) to undertake any inquiry or investigation which it may consider appropriate in relation to the discharge of any of its functions, and

(g) to give the Lord Chancellor any advice which it may consider appropriate in relation to matters concerning any of its functions.

    (3) Subsections (1) and (2) do not confer on the Commission power to borrow money or to acquire or hold shares in bodies corporate.

    (4) The Commission-

(a) may make such arrangements as it considers appropriate for the discharge of its functions, including the delegation of specified functions, and

(b) shall make such arrangements for the delegation of functions as may be prescribed.

Directions and guidance.     4. - (1) The Lord Chancellor may give directions to the Commission requiring it to discharge its functions in any manner specified in the directions.

    (2) The Lord Chancellor may give guidance to the Commission about the discharge of its functions which the Commission shall take into account.

    (3) Directions and guidance under this section shall not be given in relation to individual cases.

    (4) The Lord Chancellor shall publish any directions and guidance under this section.

    (5) Directions under this section may be varied or revoked.

The Community Legal Service

The Community Legal Service.     5. - (1) The Commission shall establish, maintain and develop a service known as the Community Legal Service with a view to there being available to members of the public services consisting of-

(a) the provision of general information about the law and legal system and the availability of legal services,

(b) the provision of help by the giving of advice as to how the law applies in particular circumstances,

(c) the provision of help in preventing, or settling or otherwise resolving, disputes about legal rights and duties,

(d) the provision of help in enforcing decisions by which such disputes are resolved, and

(e) the provision of help in relation to legal proceedings not relating to disputes.

    (2) The services specified in subsection (1) do not include any which the Commission can fund as part of the Criminal Defence Service.

    (3) The Commission shall fund services of the descriptions specified in subsection (1) as part of the Community Legal Service in accordance with the following sections.

    (4) The Commission shall also inform itself about the need for services of the descriptions specified in subsection (1) and the provision of such services and quality of the services provided and, in co-operation with such authorities and other bodies and persons as it considers appropriate-

(a) plan what can be done towards meeting that need by the performance by the Commission of its functions, and

(b) facilitate the planning by other authorities, bodies and persons of what can be done by them to meet that need by the use of any resources available to them.

    (5) The Commission may set and monitor standards in relation to services of the descriptions specified in subsection (1), in particular by accrediting, or authorising others to accredit, persons or bodies providing such services.

Funding of services.     6. - (1) The Commission shall establish and maintain a fund known as the Community Legal Service Fund from which it shall fund services as part of the Community Legal Service.

    (2) The Lord Chancellor-

(a) shall pay to the Commission the sums which he determines are appropriate for the funding of services by the Commission as part of the Community Legal Service, and

(b) may determine the manner in which and times at which the sums are to be paid to the Commission and may impose conditions on the payment of the sums.

    (3) The Commission shall pay into the Community Legal Service Fund-

(a) sums received from the Lord Chancellor under subsection (2), and

(b) sums received by the Commission by virtue of regulations under section 10 or 11.

    (4) Directions given by the Lord Chancellor under section 4 may impose requirements on the Commission as to the descriptions of services to be funded from any specified amount paid into the Community Legal Service Fund.

    (5) In funding services as part of the Community Legal Services the Commission shall aim to obtain the best possible value for money.

Services which may be funded.     7. - (1) The Commission shall set priorities in its funding of services as part of the Community Legal Service and the priorities shall be set in accordance with any directions given by the Lord Chancellor under section 4.

    (2) Subject to that (and to subsection (5)), the services which the Commission may fund as part of the Community Legal Service are those which the Commission considers appropriate.

    (3) The Commission may fund services as part of the Community Legal Service by-

(a) entering into contracts with persons or bodies for the provision of services by them,

(b) making payments to persons or bodies in respect of the provision of services by them,

(c) making grants or loans to persons or bodies to enable them to provide, or facilitate the provision of, services,

(d) establishing and maintaining bodies to provide, or facilitate the provision of, services,

(e) making grants or loans to individuals (or groups of individuals) to enable them to obtain services,

(f) itself providing services, or

(g) doing anything else which it considers appropriate for funding services.

    (4) The Commission may fund as part of the Community Legal Service different descriptions of services or services provided by different means-

(a) in different areas in England and Wales, and

(b) in relation to different descriptions of cases.

    (5) The Commission may not fund as part of the Community Legal Service any of the services specified in Schedule 2.

    (6) Regulations may amend that Schedule by adding new services or omitting or varying any services.

    (7) The Lord Chancellor may give directions under section 4 requiring or authorising the Commission to fund the provision of any of the services specified in Schedule 2 in circumstances specified by the directions.

Individuals for whom services may be funded.     8. - (1) The Commission may only fund services for an individual as part of the Community Legal Service if his financial resources are such that, under regulations, he is an individual for whom they may be so funded.

    (2) Regulations may provide that, in prescribed circumstances and subject to any prescribed conditions, services of a prescribed description may be so funded for individuals without reference to their financial resources.

    (3) Regulations under this section may include provision requiring the furnishing of information.

Code about provision of funded services.     9. - (1) The Commission shall prepare a code setting out the criteria according to which it is to decide whether to fund (or continue to fund) services as part of the Community Legal Service for an individual for whom they may be so funded and, if so, what services are to be funded for him.

    (2) In settling the criteria to be set out in the code the Commission shall consider the extent to which they ought to reflect the following factors-

(a) the likely cost of funding the services and the benefit which may be obtained by their being provided,

(b) the availability of sums in the Community Legal Service Fund for funding the services and (having regard to present and likely future demands on that Fund) the appropriateness of applying them to fund the services,

(c) the importance of the matters in relation to which the services would be provided to the individual,

(d) the availability to the individual of services not funded by the Commission as part of the Community Legal Service and the likelihood of his being able to avail himself of them,

(e) if the services are sought by the individual in relation to a dispute, the prospects of his success in the dispute,

(f) the conduct of the individual,

(g) the public interest, and

(h) such other factors as the Lord Chancellor may require the Commission to consider by directions given by him under section 4.

    (3) The criteria set out in the code shall reflect the principle that in many family disputes mediation will be more appropriate than court proceedings.

    (4) The code shall seek to secure that, where more than one description of service is available, the service funded is that which (in all the circumstances) is the most appropriate having regard to the criteria set out in the code.

    (5) The code shall also specify procedures for the making of decisions about the funding of services by the Commission as part of the Community Legal Service (including provision about the form and content of applications for funding, provision requiring the furnishing of information or imposing other conditions which must be satisfied by an individual applying for funding and provision establishing procedures for appeals against decisions about funding).

    (6) The code may make different provision for different purposes.

    (7) The Commission may from time to time prepare a revised version of the code and after preparing the code or a revised version of the code the Commission shall send a copy to the Lord Chancellor.

    (8) The code, or revisions, shall not have effect unless approved by the Lord Chancellor.

    (9) The Lord Chancellor shall lay before each House of Parliament-

(a) the code as first approved by him, and

(b) where he approves revisions which consist of or include changes in the criteria set out in the code, either a statement of those changes or the revised code (as the Lord Chancellor considers appropriate).

Terms of provision of funded services.     10. - (1) An individual for whom services are funded by the Commission as part of the Community Legal Service shall not be required to make any payment in respect of the services except where regulations otherwise provide.

    (2) Regulations may provide that, in prescribed circumstances, an individual for whom services are so funded shall-

(a) pay a fee of such amount as is fixed by or determined under the regulations,

(b) if his financial resources are, or conduct is, such as to make him liable to do so under the regulations, pay the cost of the services or make a contribution in respect of the cost of the services of such amount as is so fixed or determined, or

(c) if the services relate to a dispute and he has agreed to make a payment (which may exceed the cost of the services) only in specified circumstances, make in those circumstances a payment of the amount agreed, or determined in the manner agreed, by him.

    (3) The regulations may include provision-

(a) for any amount payable in accordance with the regulations to be payable by periodical payments or one or more capital sums, or both, and

(b) for capital sums to be payable in instalments.

    (4) The regulations may also include provision for the payment by an individual of interest (on such terms as may be prescribed) in respect of-

(a) any loan made to him by the Commission as part of the Community Legal Service,

(b) any payment required to be made by him by the regulations in respect of the cost of services which is required to be made later than the time when the cost is incurred, or

(c) so much of any payment required by the regulations to be made by him which remains unpaid after the time when it is required to be paid.

    (5) The regulations shall include provision for the repayment to an individual of any payment made by him in excess of his liability under the regulations.

    (6) The regulations may-

(a) include provision requiring the furnishing of information, and

(b) make provision for the determination of the cost of services for the purposes of the regulations.

    (7) Except so far as regulations otherwise provide, where services have been funded by the Commission for an individual as part of the Community Legal Service-

(a) sums expended by the Commission in funding the services (except to the extent that they are recovered under section 11), and

(b) other sums payable by the individual by virtue of regulations under this section,

shall constitute a first charge on any property recovered or preserved by him (whether for himself or any other person) in any proceedings or dispute in connection with which the services were provided.

    (8) For the purposes of subsection (7) it is immaterial what the nature of the property is and where it is situated; and the property within the charge includes-

(a) any to which the individual is entitled under any compromise or settlement of the dispute, and

(b) any sums recovered by virtue of an order for costs made in his favour in proceedings relating to the dispute (and not required to be paid to the Commission, or the person or body by which services were provided, by regulations under section 11).

    (9) Regulations may make provision about the charge, including provision as to whether it is in favour of the Commission or the body or person by whom the services were provided and provision about its enforcement.

Costs in funded cases.     11. - (1) Where services relating to a dispute have been funded by the Commission for an individual as part of the Community Legal Service, his liability under an order for costs made against him in proceedings relating to the dispute shall not exceed the amount (if any) which is a reasonable one for him to pay having regard to all the circumstances including-

(a) the financial resources of all the parties to the proceedings, and

(b) their conduct in connection with the dispute;

and, in assessing the financial resources of an individual for whom such services have been so funded, his clothes and household furniture and the tools and implements of his trade shall not be taken into account, except so far as may be prescribed.

    (2) Subject to that, regulations may make provision about costs in cases in which services have been funded by the Commission for any of the parties as part of the Community Legal Service.

    (3) The regulations may, in particular, make provision-

(a) specifying the principles to be applied in determining the amount of any costs which may be awarded against a party for whom the services were funded,

(b) limiting the circumstances in which, or extent to which, an order for costs may be enforced against such a party,

(c) requiring the payment by the Commission of the whole or part of any costs awarded against such a party,

(d) as to the cases in which, and extent to which, such a party may be required to give security for costs and the manner in which it is to be given,

(e) specifying the principles to be applied in determining the amount of any costs which may be awarded to such a party,

© Parliamentary copyright 1999
Prepared 29 January 1999

Access to Justice Bill [H.L.]

	A B I L L [AS AMENDED IN COMMITTEE] TO Establish the Legal Services Commission, the Community Legal Service and the Criminal Defence Service; to amend the law of legal aid in Scotland; to make further provision about legal services; to make provision about appeals (including cases stated) and applications for habeas corpus and the reporting of court proceedings; to amend the law about magistrates and magistrates' courts; and to make provision about immunity from action and costs and indemnities for certain officials exercising judicial functions. 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:-
	PART I
	THE LEGAL SERVICES COMMISSION
	The Commission
The Legal Services Commission.	1. - (1) There shall be a body known as the Legal Services Commission (in this Part referred to as "the Commission").
	(2) The Commission shall have the functions relating to-
	(a) the Community Legal Service, and
	(b) the Criminal Defence Service,
	which are conferred or imposed on it by the provisions of this Act or any other enactment.
	(3) The Commission shall consist of-
	(a) not fewer than seven members, and
	(b) not more than twelve members;
	but the Lord Chancellor may by order substitute for either or both of the numbers for the time being specified in paragraphs (a) and (b) such other number or numbers as he thinks appropriate.
	(4) The members of the Commission shall be appointed by the Lord Chancellor; and the Lord Chancellor shall appoint one of the members to chair the Commission.
	(5) In appointing persons to be members of the Commission the Lord Chancellor shall have regard to the desirability of securing that the Commission includes persons with experience in or knowledge of-
	(a) the provision of services which the Commission can fund as part of the Community Legal Service or Criminal Defence Service,
	(b) the work of the courts,
	(c) social conditions, and
	(d) management.
	(6) Schedule 1 (which makes further provision about the Commission) has effect.
Power to replace Commission with two bodies.	2. - (1) The Lord Chancellor may by order establish in place of the Commission two bodies-
	(a) one to have functions relating to the Community Legal Service, and
	(b) the other to have functions relating to the Criminal Defence Service.
	(2) The order may make any consequential, incidental, supplementary or transitional provisions, and any savings, which appear to the Lord Chancellor to be appropriate.
	(3) The order shall include amendments of-
	(a) any provisions of, or amended by, this Part which refer to the Commission, and
	(b) any other enactments which so refer,
	to replace references to the Commission with references to either or both of the bodies established by the order.
Powers of Commission.	3. - (1) Subject to the provisions of this Part, the Commission may do anything which it considers-
	(a) is necessary or appropriate for, or for facilitating, the discharge of its functions, or
	(b) is incidental or conducive to the discharge of its functions.
	(2) In particular, the Commission shall have power-
	(a) to enter into any contract,
	(b) to make grants (either without conditions or with conditions, including conditions as to repayment),
	(c) to make loans,
	(d) to invest money,
	(e) to promote or assist in the promotion of publicity relating to its functions,
	(f) to undertake any inquiry or investigation which it may consider appropriate in relation to the discharge of any of its functions, and
	(g) to give the Lord Chancellor any advice which it may consider appropriate in relation to matters concerning any of its functions.
	(3) Subsections (1) and (2) do not confer on the Commission power to borrow money or to acquire or hold shares in bodies corporate.
	(4) The Commission-
	(a) may make such arrangements as it considers appropriate for the discharge of its functions, including the delegation of specified functions, and
	(b) shall make such arrangements for the delegation of functions as may be prescribed.
Directions and guidance.	4. - (1) The Lord Chancellor may give directions to the Commission requiring it to discharge its functions in any manner specified in the directions.
	(2) The Lord Chancellor may give guidance to the Commission about the discharge of its functions which the Commission shall take into account.
	(3) Directions and guidance under this section shall not be given in relation to individual cases.
	(4) The Lord Chancellor shall publish any directions and guidance under this section.
	(5) Directions under this section may be varied or revoked.
	The Community Legal Service
The Community Legal Service.	5. - (1) The Commission shall establish, maintain and develop a service known as the Community Legal Service with a view to there being available to members of the public services consisting of-
	(a) the provision of general information about the law and legal system and the availability of legal services,
	(b) the provision of help by the giving of advice as to how the law applies in particular circumstances,
	(c) the provision of help in preventing, or settling or otherwise resolving, disputes about legal rights and duties,
	(d) the provision of help in enforcing decisions by which such disputes are resolved, and
	(e) the provision of help in relation to legal proceedings not relating to disputes.
	(2) The services specified in subsection (1) do not include any which the Commission can fund as part of the Criminal Defence Service.
	(3) The Commission shall fund services of the descriptions specified in subsection (1) as part of the Community Legal Service in accordance with the following sections.
	(4) The Commission shall also inform itself about the need for services of the descriptions specified in subsection (1) and the provision of such services and quality of the services provided and, in co-operation with such authorities and other bodies and persons as it considers appropriate-
	(a) plan what can be done towards meeting that need by the performance by the Commission of its functions, and
	(b) facilitate the planning by other authorities, bodies and persons of what can be done by them to meet that need by the use of any resources available to them.
	(5) The Commission may set and monitor standards in relation to services of the descriptions specified in subsection (1), in particular by accrediting, or authorising others to accredit, persons or bodies providing such services.
Funding of services.	6. - (1) The Commission shall establish and maintain a fund known as the Community Legal Service Fund from which it shall fund services as part of the Community Legal Service.
	(2) The Lord Chancellor-
	(a) shall pay to the Commission the sums which he determines are appropriate for the funding of services by the Commission as part of the Community Legal Service, and
	(b) may determine the manner in which and times at which the sums are to be paid to the Commission and may impose conditions on the payment of the sums.
	(3) The Commission shall pay into the Community Legal Service Fund-
	(a) sums received from the Lord Chancellor under subsection (2), and
	(b) sums received by the Commission by virtue of regulations under section 10 or 11.
	(4) Directions given by the Lord Chancellor under section 4 may impose requirements on the Commission as to the descriptions of services to be funded from any specified amount paid into the Community Legal Service Fund.
	(5) In funding services as part of the Community Legal Services the Commission shall aim to obtain the best possible value for money.
Services which may be funded.	7. - (1) The Commission shall set priorities in its funding of services as part of the Community Legal Service and the priorities shall be set in accordance with any directions given by the Lord Chancellor under section 4.
	(2) Subject to that (and to subsection (5)), the services which the Commission may fund as part of the Community Legal Service are those which the Commission considers appropriate.
	(3) The Commission may fund services as part of the Community Legal Service by-
	(a) entering into contracts with persons or bodies for the provision of services by them,
	(b) making payments to persons or bodies in respect of the provision of services by them,
	(c) making grants or loans to persons or bodies to enable them to provide, or facilitate the provision of, services,
	(d) establishing and maintaining bodies to provide, or facilitate the provision of, services,
	(e) making grants or loans to individuals (or groups of individuals) to enable them to obtain services,
	(f) itself providing services, or
	(g) doing anything else which it considers appropriate for funding services.
	(4) The Commission may fund as part of the Community Legal Service different descriptions of services or services provided by different means-
	(a) in different areas in England and Wales, and
	(b) in relation to different descriptions of cases.
	(5) The Commission may not fund as part of the Community Legal Service any of the services specified in Schedule 2.
	(6) Regulations may amend that Schedule by adding new services or omitting or varying any services.
	(7) The Lord Chancellor may give directions under section 4 requiring or authorising the Commission to fund the provision of any of the services specified in Schedule 2 in circumstances specified by the directions.
Individuals for whom services may be funded.	8. - (1) The Commission may only fund services for an individual as part of the Community Legal Service if his financial resources are such that, under regulations, he is an individual for whom they may be so funded.
	(2) Regulations may provide that, in prescribed circumstances and subject to any prescribed conditions, services of a prescribed description may be so funded for individuals without reference to their financial resources.
	(3) Regulations under this section may include provision requiring the furnishing of information.
Code about provision of funded services.	9. - (1) The Commission shall prepare a code setting out the criteria according to which it is to decide whether to fund (or continue to fund) services as part of the Community Legal Service for an individual for whom they may be so funded and, if so, what services are to be funded for him.
	(2) In settling the criteria to be set out in the code the Commission shall consider the extent to which they ought to reflect the following factors-
	(a) the likely cost of funding the services and the benefit which may be obtained by their being provided,
	(b) the availability of sums in the Community Legal Service Fund for funding the services and (having regard to present and likely future demands on that Fund) the appropriateness of applying them to fund the services,
	(c) the importance of the matters in relation to which the services would be provided to the individual,
	(d) the availability to the individual of services not funded by the Commission as part of the Community Legal Service and the likelihood of his being able to avail himself of them,
	(e) if the services are sought by the individual in relation to a dispute, the prospects of his success in the dispute,
	(f) the conduct of the individual,
	(g) the public interest, and
	(h) such other factors as the Lord Chancellor may require the Commission to consider by directions given by him under section 4.
	(3) The criteria set out in the code shall reflect the principle that in many family disputes mediation will be more appropriate than court proceedings.
	(4) The code shall seek to secure that, where more than one description of service is available, the service funded is that which (in all the circumstances) is the most appropriate having regard to the criteria set out in the code.
	(5) The code shall also specify procedures for the making of decisions about the funding of services by the Commission as part of the Community Legal Service (including provision about the form and content of applications for funding, provision requiring the furnishing of information or imposing other conditions which must be satisfied by an individual applying for funding and provision establishing procedures for appeals against decisions about funding).
	(6) The code may make different provision for different purposes.
	(7) The Commission may from time to time prepare a revised version of the code and after preparing the code or a revised version of the code the Commission shall send a copy to the Lord Chancellor.
	(8) The code, or revisions, shall not have effect unless approved by the Lord Chancellor.
	(9) The Lord Chancellor shall lay before each House of Parliament-
	(a) the code as first approved by him, and
	(b) where he approves revisions which consist of or include changes in the criteria set out in the code, either a statement of those changes or the revised code (as the Lord Chancellor considers appropriate).
Terms of provision of funded services.	10. - (1) An individual for whom services are funded by the Commission as part of the Community Legal Service shall not be required to make any payment in respect of the services except where regulations otherwise provide.
	(2) Regulations may provide that, in prescribed circumstances, an individual for whom services are so funded shall-
	(a) pay a fee of such amount as is fixed by or determined under the regulations,
	(b) if his financial resources are, or conduct is, such as to make him liable to do so under the regulations, pay the cost of the services or make a contribution in respect of the cost of the services of such amount as is so fixed or determined, or
	(c) if the services relate to a dispute and he has agreed to make a payment (which may exceed the cost of the services) only in specified circumstances, make in those circumstances a payment of the amount agreed, or determined in the manner agreed, by him.
	(3) The regulations may include provision-
	(a) for any amount payable in accordance with the regulations to be payable by periodical payments or one or more capital sums, or both, and
	(b) for capital sums to be payable in instalments.
	(4) The regulations may also include provision for the payment by an individual of interest (on such terms as may be prescribed) in respect of-
	(a) any loan made to him by the Commission as part of the Community Legal Service,
	(b) any payment required to be made by him by the regulations in respect of the cost of services which is required to be made later than the time when the cost is incurred, or
	(c) so much of any payment required by the regulations to be made by him which remains unpaid after the time when it is required to be paid.
	(5) The regulations shall include provision for the repayment to an individual of any payment made by him in excess of his liability under the regulations.
	(6) The regulations may-
	(a) include provision requiring the furnishing of information, and
	(b) make provision for the determination of the cost of services for the purposes of the regulations.
	(7) Except so far as regulations otherwise provide, where services have been funded by the Commission for an individual as part of the Community Legal Service-
	(a) sums expended by the Commission in funding the services (except to the extent that they are recovered under section 11), and
	(b) other sums payable by the individual by virtue of regulations under this section,
	shall constitute a first charge on any property recovered or preserved by him (whether for himself or any other person) in any proceedings or dispute in connection with which the services were provided.
	(8) For the purposes of subsection (7) it is immaterial what the nature of the property is and where it is situated; and the property within the charge includes-
	(a) any to which the individual is entitled under any compromise or settlement of the dispute, and
	(b) any sums recovered by virtue of an order for costs made in his favour in proceedings relating to the dispute (and not required to be paid to the Commission, or the person or body by which services were provided, by regulations under section 11).
	(9) Regulations may make provision about the charge, including provision as to whether it is in favour of the Commission or the body or person by whom the services were provided and provision about its enforcement.
Costs in funded cases.	11. - (1) Where services relating to a dispute have been funded by the Commission for an individual as part of the Community Legal Service, his liability under an order for costs made against him in proceedings relating to the dispute shall not exceed the amount (if any) which is a reasonable one for him to pay having regard to all the circumstances including-
	(a) the financial resources of all the parties to the proceedings, and
	(b) their conduct in connection with the dispute;
	and, in assessing the financial resources of an individual for whom such services have been so funded, his clothes and household furniture and the tools and implements of his trade shall not be taken into account, except so far as may be prescribed.
	(2) Subject to that, regulations may make provision about costs in cases in which services have been funded by the Commission for any of the parties as part of the Community Legal Service.
	(3) The regulations may, in particular, make provision-
	(a) specifying the principles to be applied in determining the amount of any costs which may be awarded against a party for whom the services were funded,
	(b) limiting the circumstances in which, or extent to which, an order for costs may be enforced against such a party,
	(c) requiring the payment by the Commission of the whole or part of any costs awarded against such a party,
	(d) as to the cases in which, and extent to which, such a party may be required to give security for costs and the manner in which it is to be given,
	(e) specifying the principles to be applied in determining the amount of any costs which may be awarded to such a party,