HL Deb 19 July 1988 vol 499 cc1214-5

41 Schedule 4, page 41, line 12, leave out 'expenses' and insert 'fees and outlays'.

42 Page 41, line 21, leave out 'the expenses' and insert '— (i) the fees and outlays'.

43 Page 41, line 23, at end insert— '(ii) recouping any sums paid out of the fund on his behalf in respect of advice and assistance in relation to those proceedings or to any matter to which those proceedings relate.'.

44 Page 41, line 26, leave out `to "expenses"'.

45 Page 41, line 31, leave out from 'off' to end of line 34 and insert— (12) An account of expenses which—

  1. (a) has been agreed between the Board and the solicitor acting for the legally assisted person; or
  2. (b) has been taxed,
shall not be liable to taxation by an auditor of court in any proceedings.".'

Lord Cameron of Lochbroom

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 41 to 45 en bloc. The amendments are all of a technical nature and clarify certain aspects of the provisions within Section 17 of the 1986 Act dealing with contributions and payments out of property recovered. In particular, they remove ambiguity as to what is meant by "expenses"; they make clear that the board can use sums recovered in a civil action to meet expenditure in related matters handled as advice and assistance; and distinguish this use from the set-off powers of the courts. They also ensure that once an account of expenses is agreed between the Scottish Legal Aid Board and the solicitor it is not necessary for the solicitor to have the account taxed before he can recover any unpaid contribution from the client. I commend the amendments to the House.

Moved, That the House do agree with the Commons in their Amendments Nos. 41 to 45.—(Lord Cameron of Lochhroom.)

On Question, Motion agreed to.