Page:Prosecution of Offences Act 1985.pdf/23

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
Prosecution of Offences Act 1985
c. 2321

Part II

in relation to sums payable to the Lord Chancellor by virtue of regulations made under subsection (2) above as it applies in relation to sums payable to the Secretary of State under that section.

(6) Any regulations under this Part may contain such incidental and supplemental provisions as the Lord Chancellor considers appropriate.

(7) Before making any regulations under section 19(1) of this Act which affect the procedure of any court, the Lord Chancellor shall so far as is reasonably practicable consult any rule committee by whom, or on whose advice, rules of procedure for the court may be made or whose concurrence is required to any such rules.

(8) In this section “costs order” means—

(a) an order made under or by virtue of this Part for payment to be made—
(i) out of central funds; or
(ii) by a party to proceedings; or
(b) an order made in a criminal case by the House of Lords for the payment of costs by a party to proceedings.

Interpretation, etc. 21.—(1) In this Part—

“defendant’s costs order” has the meaning given in section 16 of this Act;
“legal aid order” means an order under any provision of section 28 of the 1974 c. 4.Legal Aid Act 1974 and includes, in relation to proceedings in a Divisional Court of the Queen’s Bench Division, any certificate or other instrument under which legal aid is given;
“legally assisted person” means a person to whom aid is ordered to be given by a legal aid order;
“proceedings” includes—
(a) proceedings in any court below; and
(b) in relation to the determination of an appeal by any court, any application made to that court for leave to bring the appeal; and
“witness” means any person properly attending to give evidence, whether or not he gives evidence or is called at the instance of one of the parties or of the court, but does not include a person attending as a witness to character only unless the court has certified that the interests of justice required his attendance.