• “(4) Despite subsection (1), the court may, if it thinks it is appropriate, order a party to the proceedings to refund to the Crown an amount the court specifies in respect of any fees and expenses that relate to an appointment under section 130(1) and have been paid under that subsection.

• “(5) Despite subsection (1), where in any proceedings, other than an application under section 105 or 111, a lawyer has been appointed under section 7(1) and the fees and expenses relating to that appointment have been paid under subsection (1), the court must make an order under section 131A, unless the court declines to do so in accordance with that section.

• “(6) However, no order under section 131A may be made against—

  • “(a) the Crown, whether acting through the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989 or otherwise; or

  • “(b) a person in whose custody the child concerned has been placed pursuant to an order made under the Children, Young Persons, and Their Families Act 1989.”

“131A Order requiring refund of payments in respect of lawyer acting for child

• “(1) An order referred to in section 131(5) must order the parties to refund to the Crown the prescribed proportion of the amount paid by the Crown, under section 131(1)(b), in respect of the appointment of a lawyer appointed under section 7(1).

  “(2) Each party must pay an equal share of the prescribed proportion.

  “(3) Despite subsection (1), the court may decline to make an order against a party if satisfied that the order would cause serious hardship to the party or to a dependent child of the party.

  “(4) Despite subsection (2), if the court is satisfied that, in view of the circumstances of the case, including the conduct of any party, it would be inappropriate to require a party to pay the amount payable in accordance with that subsection, the court may substitute, for that party, a different amount not exceeding the prescribed proportion.

  “(5) In this section,—

  “dependent child, in relation to a party, means a child whose care is substantially the responsibility of the party

  “prescribed proportion means the proportion that is prescribed by regulations made under section 147 for the purposes of this section

  “serious hardship, in relation to a party or a dependent child of a party,—

  • “(a) includes significant financial difficulties that arise because of—

    • “(i) the party's inability to meet minimum living expenses according to normal community standards; or

    • “(ii) the cost of medical treatment for an illness or injury of the party or a dependent child of the party; or

    • “(iii) a serious illness suffered by the party or by a dependent child of the party; or

    • “(iv) the cost of education for a dependent child of the party:

  • “(b) does not include significant financial difficulties that arise because—

    • “(i) the social activities and entertainment of the party or those of a dependent child of the party may be limited; or

    • “(ii) the party is unable to afford goods or services that are expensive or of a high quality or standard according to normal community standards.

“131B Enforcement of orders to refund fees and expenses of court-appointed lawyers

• “(1) The amount that a party is ordered to refund under section 131(4) or 131A is a debt due to the Crown by that party and may be enforced in a District Court or the High Court, as the case may require, in the same manner as a judgment of that court.

  “(2) Despite section 113 or 123 of the District Courts Act 1947 or section 100A of the Judicature Act 1908, no court fee is payable by a person who seeks to enforce, on behalf of the Crown, an order referred to in subsection (1), but the fee that would otherwise be payable—

  • “(a) is to be added to the amount sought to be enforced; and

  • “(b) must be paid to the Registrar of the court out of any proceeds that result from the enforcement.

  “(3) For the purposes of section 14(1)(b) of the Crown Proceedings Act 1950, the Secretary for Justice may, on behalf of the Crown, enforce a debt under this section.

“131C Time for payment of orders to refund fees and expenses of court-appointed lawyers may be extended

• “(1) If an amount that a party is ordered to refund under section 131(4) or 131A is outstanding, the Registrar may enter into an arrangement with the party to allow for either or both of the following:

  • “(a) a greater time for payment:

  • “(b) payment to be made by instalments.

  “(2) No arrangement under subsection (1) may permit an amount to remain unpaid for more than 5 years after the date on which the arrangement is entered into.

  “(3) No action to enforce an amount that is the subject of an arrangement under this section may be taken as long as the arrangement continues in force and is duly observed.

  “(4) If an amount may be paid by instalments and default is made in the payment of any instalment, proceedings may be taken against the person in default as if default had been made in the payment of all instalments then remaining unpaid.”

• “(ca) prescribing, for the purposes of section 131A, the proportion of any amount paid by the Crown under section 131(1)(b):”.