226BFees and expenses of lawyer appointed under section 226 or 226A

1. The fees and expenses of a lawyer appointed under section 226 or 226A must—

2. be determined in accordance with regulations made under section 16D of the Family Court Act 1980 or, if no such regulations are made, by a Registrar of the court; and
3. be paid in accordance with that determination out of public money appropriated by Parliament for the purpose.

4. An invoice for fees and expenses submitted for payment by a lawyer appointed under section 226 or 226A must be given to a Registrar of the court, and the Registrar processing the invoice may decide to adjust the amount of the invoice.

5. A lawyer who is dissatisfied with the decision of the Registrar as to the amount of the invoice may, within 14 days after the date of the decision, apply to a Family Court Judge to review the decision, and the Judge may on the application make any order varying or confirming the decision that the Judge considers fair and reasonable.

6. Where in any proceedings a lawyer has been appointed under section 226 or 226A and the fees and expenses relating to that appointment have been paid under subsection (1), the court must make an order under section 226C, unless the court declines to do so in accordance with that section.

7. However, no order under section 226C may be made—

8. against the Crown, whether acting through the department for the time being responsible for the administration of this Act or otherwise; or
9. in respect of an appointment under section 226A, where a lawyer has been appointed under that section to provide to the court independent legal advice on any complex legal issue.