New Clause 59: Employment Rights Bill
New Clause 59 - Recovery of costs of legal assistance
“(1) Subsection (2) applies where—
(a) the Secretary of State has assisted a person under section (Power to provide legal assistance) in relation to proceedings, and
(b) the person becomes entitled to some or all of the person’s costs or, in Scotland, expenses in the proceedings (whether as a result of an award or as a result of an agreement).
(2) The Secretary of State’s expenditure in giving the assistance—
(a) is to be charged on sums paid to the person by way of costs or expenses, and
(b) may be enforced as a debt due to the Secretary of State.
(3) A requirement to pay money to the Secretary of State under subsection (2) ranks, in England and Wales, after a requirement imposed by virtue of section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (statutory charge in connection with civil legal aid).
(4) Subsection (2), in its application to Scotland, does not affect the operation of section 17(2A) of the Legal Aid (Scotland) Act 1986 (requirement in certain cases to pay to the Scottish Legal Aid Board sums recovered under awards of, or agreements as to, expenses).
(5) For the purposes of subsection (2), the Secretary of State’s expenditure is to be calculated in accordance with such provision (if any) as the Secretary of State makes for the purpose by regulations.
(6) Regulations under subsection (5) may, in particular, provide for the apportionment of expenditure incurred by the Secretary of State—
(a) partly for one purpose and partly for another, or
(b) for general purposes.
(7) Regulations under subsection (5) are subject to the negative resolution procedure.”—(Justin Madders.)