46Liability of legally assisted person to pay costs and expenses

#### 46 Liability of legally assisted person to pay costs and expenses 46 Liability of legally assisted person to pay costs and expenses > > (1) When legal services have been provided to a legally assisted person, the Commission is to determine the amount, if any, payable to the Commission by the person in respect of the costs and expenses of those legal services (including expenses under section 33). More than one such determination can be made in respect of the person and can be made at or after the conclusion of the matter for which legal services were provided or, if legal aid is terminated during the course of the matter, at or after the termination. A determination can be varied by a later determination. > > > (2) The amount payable under subsection (1) shall not exceed the amount by which the sum of— > > > > > (a) the costs of the legal services provided, and > > > > > (b) any disbursements and out-of-pocket expenses incurred in or in connection with the provision of those services, > > > > exceeds any amount, or the sum of any amounts, paid by the legally assisted person to the Commission under section 36 (1) (a). > > > (2A) An amount required to be paid under subsection (1) must be paid in such manner, and within such time, as the Commission directs. > > > (3) The Commission may recover an amount payable to it under subsection (1), and any interest payable in respect of the amount, as a debt in a court of competent jurisdiction. > > > (4) For the purposes of subsection (2), a reference to costs is a reference to costs assessed as if the legally assisted person were not a legally assisted person. > > > (5) (Repealed) > > **s 46:** Am 1982 No 40, Sch 1 (3). Subst 1985 No 86, Sch 1 (25). Am 1987 No 9, Sch 2 (8); 1989 No 137, Sch 1 (6); 1993 No 87, Sch 6; 1996 No 94, Sch 4 \[21\]; 2000 No 98, Sch 1 \[18\].