43Payment of costs in cases of fraud and improper behaviour

#### 43 Payment of costs in cases of fraud and improper behaviour 43 Payment of costs in cases of fraud and improper behaviour > > (1) A court or tribunal may, on the application of the Commission, order a person who is or was a legally assisted person to pay to the Commission any money paid or payable by the Commission as the costs and expenses of the legal services provided to the person as a legally assisted person (including the fees of the law practice who acted for the person, party and party costs and expenses under section 33) if the court or tribunal is satisfied that— > > > > > (a) the legal aid was obtained by fraud or misrepresentation, or > > > > > (b) the legally assisted person has acted improperly in bringing, defending or conducting any proceedings with which the legal aid is concerned. > > > (2) Such an application can be made to the court or tribunal that is hearing or has heard any proceedings with which the legal aid is concerned or to any other court of competent jurisdiction either during or after the conclusion of the proceedings. However, an application can only be made to a court or tribunal that can make an order as to costs. > > > (3) When an order is made under this section, the costs are to be assessed as if the person ordered to pay them were not a legally assisted person. > > **s 43:** Am 1987 No 9, Sch 2 (6); 1993 No 87, Sch 6. Subst 1996 No 94, Sch 4 \[14\]. Am 2019 No 20, Sch 1.15\[11\].