What can be incurred – answer to the listening


EXCERPT 1 (from the Finance Act 2014)

“The market value amount” means the amount of expenditure which it would have been normal and reasonable to incur on the works, services or other matters—

(a)in the market conditions prevailing when the expenditure was incurred, and

(b)assuming the transaction as a result of which the expenditure was incurred was between persons dealing with each other at arm’s length in the open market.

EXCERPT 2 (from the Criminal Legal Aid (Remuneration) Regulations 2013)

Where representation is provided in respect of any proceedings, the representative, whether acting pursuant to a section 16 determination or otherwise, must not receive or be a party to the making of any payment for work done in connection with those proceedings, except such payments as may be made—

(a)by the Lord Chancellor; or

(b)in respect of any expenses or fees incurred in—

(i)preparing, obtaining or considering any report, opinion or further evidence, whether provided by an expert witness or otherwise; or

(ii) obtaining any transcripts or recordings,

where an application under regulation 13 for an authority to incur such fees or expenses has been refused by a committee appointed under arrangements made by the Lord Chancellor to deal with, amongst other things, appeals of, or review of, assessment of costs.

EXCERPT 3 (from the Criminal Legal Aid (Remuneration) Regulations 2013):

Subject to paragraphs (2) to (5), the appropriate officer must allow such disbursements claimed under regulation 5(2) as appear to the appropriate officer to have been reasonably incurred.

EXCERPT 4 (from the Port Babcock Rosyth Harbour Empowerment Order 2009):

The Company may require a person who incurs or is about to incur a charge to deposit with, or to guarantee, such sum of money as is, in the opinion of the Company, reasonable having regard to the amount or probable amount of the charge (…).

EXCERPT 5 (from the Road Safety Act 2006):

Prohibitions under current powers are usually imposed for breaches of drivers’ hours or of roadworthiness requirements. These provisions will thus also ensure that the Deposit Scheme is not open to abuse by drivers who might otherwise refuse to pay and then abscond in their vehicle, albeit under prohibition, if they thought that they would in practice incur no punishment or penalty as a result of quickly leaving the country.

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