Care of Children Act 2004

131 Costs of court-appointed counsel

• (1) Fees for professional services provided by lawyers appointed under section 7(1) or section 130(1), and reasonable expenses incurred,—

  • (a) may be determined in accordance with regulations made under section 147(2)(c); and

  • (b) are payable out of public money appropriated by Parliament for the purpose.

  (2) The bill of costs rendered by a lawyer appointed under section 7(1) or section 130(1) must be given to the Registrar of the court in which the proceedings were heard, and the Registrar may tax the bill of costs.

  (3) A lawyer who is dissatisfied with the decision of the Registrar as to the amount of the bill may, within 14 days after the date of the decision, apply to a Judge of the court to review the decision; and the Judge may on the application make any order varying or confirming the decision the Judge considers fair and reasonable.

  (4) Despite subsection (1), the court may, if it thinks proper, order a party to the proceedings to refund to the Crown an amount the court specifies in respect of any fees and expenses paid under subsection (1), and the amount ordered to be refunded is a debt due to the Crown by that party and, in default of payment of the amount, payment of it may be enforced, by order of a District Court or the High Court as the case may require, in the same manner as a judgment of that court.

  Compare: 1968 No 63 s 30(4)–(7)