§ Mr. StinchcombeTo ask the Parliamentary Secretary, Lord Chancellor's Department what the Legal Aid Board's policy is on seeking possession of vacant properties when an outstanding debt to the Board is secured against the property. [100123]
§ Mr. LockThe Legal Aid Board secures debts against property in a number of circumstances.
Where an assisted person wins his or her case but some costs are outstanding, section 16 of the Legal Aid Act 1988 allows the Board to recover them from the property that was in dispute, through the "statutory charge". Where the assisted person's home was in dispute, or the winnings in the case are to be used to purchase a home for the assisted person, enforcement can be postponed and the Board will register a charge against the home. In those circumstances the property in question is not vacant. Should it become vacant, the Board will expect the property to be sold and the statutory charge paid off immediately.
The other circumstances are: where the court has made a costs order in favour of an assisted person, and the Board is seeking costs from the other side; where the assisted person has failed to make the required contributions towards the cost of their legal aid; where a legal aid certificate has been revoked, in which case the full cost of the help given has to be repaid; and where an assisted person has been granted an emergency certificate but has not been given a full certificate. In all these 88W circumstances the Board can secure debts owed to it on any property, including vacant property, and will be in the same position as any other secured creditor.
§ Mr. StinchcombeTo ask the Parliamentary Secretary, Lord Chancellor's Department what is the average length of time between debts to the Legal Aid Board being secured against domestic property and being settled. [100124]
§ Mr. LockThe information requested is not readily available and could be provided only at disproportionate cost.
§ Mr. StinchcombeTo ask the Parliamentary Secretary, Lord Chancellor's Department what the value is of debts to the Legal Aid Board that are secured against(a) domestic property and (b) vacant domestic property. [100125]
§ Mr. LockThe information requested is not readily available and could be provided only at disproportionate cost. As at 31 March 1999, the principle value of all debts to the Legal Aid Board that are secured by way of the statutory charge was £206,792,000. The total value of other secured debts to the Board, in respect of liabilities such as unpaid contributions, costs owned under revoked certificates, or costs awards in favour of assisted persons, is not recorded centrally.