Section 162 — Family Proceedings Act 1980: Appointment of barrister or solicitor to assist Court or represent children

162 Appointment of barrister or solicitor to assist Court or represent children (1) In any proceedings under this Act (not being criminal proceedings) a Court may, if the Court is satisfied that it is necessary or desirable to do so, appoint a barrister or solicitor— (a) To assist the Court; or (b) To represent any child who is the subject of or who is otherwise a party to the proceedings. (2) A barrister or solicitor appointed under this section may call any person as a witness in the proceedings, and may cross-examine witnesses called by any party to the proceedings or by the Court. (3) Fees for professional services provided by barristers or solicitors appointed under this section, and reasonable expenses incurred,— (a) May be determined in accordance with regulations made under this Act; and (b) Are payable out of public money appropriated by Parliament for the purpose. (4) The bill of costs rendered by a barrister or solicitor appointed under this section shall be given to the Registrar of the Court in which the proceedings were heard and the Registrar may tax the bill of costs. (5) If the barrister or solicitor is dissatisfied with the decision of the Registrar as to the amount of the bill of costs, that person may within 14 days after the date of the decision apply to a Family Court Judge to review the decision; and the Judge may thereupon make such order varying or confirming the decision as the Judge considers fair and reasonable. (6) Notwithstanding subsection (3) of this section, the Court may, if it thinks proper, order any party to the proceedings to refund to the Crown such amount as the Court specifies in respect of any fees and expenses paid under that subsection, and the amount ordered to be refunded shall be a debt due to the Crown by that party and, in default of payment of the amount, payment thereof may be enforced, by order of a District Court or the High Court as the case may require, in the same manner as a judgment of that Court. Section 162 was substituted, as from 1 July 1992, by section 23 Family Proceedings Amendment Act 1991 (1991 No 144). Subsection (3) was substituted, as from 1 July 1994, by section 13(1) Family Proceedings Amendment Act 1994 (1994 No 32). The previous subsection (3)(b) was amended, as from 1 July 1995, by section 10(1) Department of Justice (Restructuring) Act 1995 (1995 No 39) by substituting the words “ Bank Account operated by the Department for Courts ” for the words “ Bank Account ” . Subsection (3)(b) was substituted, as from 3 June 1998, by section 2 Family Proceedings Amendment act 1998 (1998 No 44). Subsection (6) was amended, as from 1 July 1994, by section 13 Family Proceedings Amendment Act 1994 (1994 No 32) by substituting the words “ , in default of payment of the amount, payment thereof may be enforced, by order of a District Court or the High Court as the case may require, in the same manner as a judgment of that Court ” for the words “ shall then be enforceable in the same manner as a judgment given by the District Court in any civil proceedings ” .