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226. Payments in respect of pro bono representation

(1) This section applies to proceedings in which —
(a) a party to proceedings ("P") is or was represented by a legal representative ("R"); and
(b) R's representation of P is or was provided free of charge, in whole or in part,
and applies to such proceedings even if P is or was also represented by a legal representative not acting free of charge.
(2) The Court may order any person to make a payment to the prescribed charity in respect of R's representation of P (or, if only part of R's representation of P was provided free of charge, in respect of that part).
(3) In considering whether to make such an order and the terms of such an order, the Court must have regard to —
(a) whether, had R's representation of P not been provided free of charge, it would have ordered the person to make a payment to P in respect of the costs payable to R by P in respect of that representation; and
(b) if it would, what the terms of the order would have been.
(4) The Court may not make an order under subsection (2) against a person represented in the proceedings if the person's representation was at all times provided by a legal representative acting free of charge.
(5) Court procedure rules may make further provision as to the making or orders under subsection (2), and may in particular —
(a) provide that such orders may not be made in proceedings of a description specified in the court procedure rules;
(b) make provision about the procedure to be followed in relation to such orders;
(c) specify matters (in addition to those mentioned in subsection (3)) to which the Court must have regard in deciding whether to make such an order, and the terms of any order.
(6) "The prescribed charity" means the charity prescribed by order made by the Chief Justice.
(7) An order under subsection (6) may only prescribe a charity which —
(a) is incorporated, established or registered (as applicable) as a charity in accordance with the law of the jurisdiction of its incorporation, establishment or registration (as applicable); and
(b) provides financial support to persons who provide, or organise or facilitate the provision of legal advice or assistance (by way of representation or otherwise) which is free of charge.
(8) In this section —
(a) "legal representative" in relation to a party to proceedings means a lawyer exercising a right of audience or conducting litigation on the party's behalf;
(b) "free of charge" means otherwise than for or in expectation of fee, gain or reward.