26Costs awarded against assisted persons

26 Costs awarded against assisted persons

(1)  Where –

(a) legal aid is provided to a person in relation to a proceeding instituted by the person in a court; and

(b) the court makes an order in the proceeding directing the assisted person to pay costs incurred by another party to the proceeding –

either the assisted person or the other party may request the Commission to pay to the other party on behalf of the assisted person an amount representing the whole or a part of the costs that the assisted person was so directed to pay.

(2)  A request under subsection (1) shall be decided –

(a) in accordance with the guidelines; and

(b) by an officer, if the question whether legal aid should be granted in relation to the proceeding was decided by an officer; or

(c) by a Legal Aid Committee, if the question was decided by a Legal Aid Committee.

(3)  An amount paid by the Commission under this section is deemed to have been paid by the assisted person.