Part 2: Courts, tribunals and coroners Chapter 5: Other provisions about courts Section 48: Payments in respect of pro bono representation
In the current section 194 of the Legal Services Act 2007, pro bono costs orders can be made in the civil courts. A pro bono costs order is an order to make a payment to a prescribed charity (currently the Access to Justice Foundation) in respect of the representation of a party to proceedings, where that part was represented by a qualified legal representative and that representation was provided free of charge.
	This section extends the effect of section 194 by allowing the same sort of pro bono costs order to be made in the First-Tier Tribunal, the Upper Tribunal, an employment tribunal, the Employment Appeal Tribunal and the Competition Appeal Tribunal, by adding further sections to the 2007 Act.
	Subsection (2) of section 48 adds new section 194A to the 2007 Act. Subsections (1) to (6) of new section 194A make pro bono costs orders available in relevant tribunal proceedings. Subsection (11) of new section 194A defines "relevant tribunal proceedings" as proceedings in the First-Tier Tribunal, the Upper Tribunal, an employment tribunal, the Employment Appeal Tribunal and the Competition Appeal Tribunal. Subsections (7) to (9) of new section 194A provide that a relevant tribunal cannot make a pro bono costs order against a party that is represented by a legal representative free of charge or against a party that is legally aided. Subsection (10) of new section 194A allows further provision as to the making of orders under section 194A to be made in tribunal procedure rules. Since these are reserved tribunals that operate across the UK, new section 194A extends to the whole of the UK. However, in recognition of the fact that there are circumstances where a reserved tribunal could adjudicate on devolved law, and in order to avoid trespassing upon devolved competence, the power does not include proceedings within devolved competence. Subsection (12) of new section 194A defines that proceedings are "within devolved competence" if provision regarding the procedure to be followed in those proceedings could be made by an Act of any of the devolved assemblies. Subsection (13) of new section 194A allows the Lord Chancellor by regulations to amend subsection (11) so as to add a tribunal to the list of tribunals in which the orders are available. Subsection (14) of new section 194A contains defined terms. Subsection (15) of new section 194A provides that an order under section 194A cannot be made in respect of representation that was provided before section 48 of this Act came into force.
	Subsection (3) of section 48 adds new section 194B to the 2007 Act. New section 194B makes pro bono costs orders available in leap-frog appeals directly from the Upper Tribunal to the Supreme Court and also in appeals to the Supreme Court from appeal courts in Northern Ireland. It does not make such orders available in appeals from the Court of Session in Scotland to the Supreme Court because the Scottish Parliament would have competence to do so. In contrast, the Northern Ireland Assembly would not have competence to provide so in appeals from the Northern Ireland appeal courts. Given that existing section 194 concerning civil appeals to the Supreme Court extends to England and Wales only but new section 194B, concerning the additional civil appeals described above, extends more widely (i.e. also to Northern Ireland), section 194B re-makes the previous section 194 provision to the extent that it relates to all civil appeals to the Supreme Court. This accounts for the additional civil appeals to the Supreme Court and ensures that all civil appeals to the Supreme Court are contained in a single provision with the appropriate overall territorial extent.
	Subsections (1) to (6) of new section 194B make the pro bono orders available. Subsections (7) to (9) of new section 194B provide that the Court cannot make a pro bono costs order against a party that is represented by a legal representative free of charge or against a party that is legally aided. Subsection (10) of new section 194B allows further provision as to the making of orders under section 194B to be made in Supreme Court Rules. Subsection (11) of new section 194B contains defined terms. Subsection (12) of new section 194B provides that an order under section 194B cannot be made in respect of representation that was provided before section 48 of this Act came into force.
	Subsection (4) of section 48 adds new section 194C to the 2007 Act. Subsections (1) to (3) of new section 194C allow the Lord Chancellor to prescribe a registered charity for the purposes of existing section 194 of the 2007 Act as well as new sections 194A and 194B of that Act. Since the Access to Justice Foundation is currently authorised to act across the UK, subsections (4)(a) and (b) of new section 194C allow that same charity to continue acting as the "prescribed charity" in relation to current section 194, as well as to be the "prescribed charity" for the purposes of new sections 194A and 194B. However, subsection (4)(c) of new section 194C allows for the possibility of prescribing a different UK-wide charity in the future, to cover for any eventuality in which that could conceivably become necessary.
	Subsection (5) of section 48 widens the extent of the 2007 Act to the whole of the United Kingdom insofar as that Act applies to new sections 194A and 194B.
	Subsection (1) of section 48 makes amendments to section 194 of the 2007 Act consequential upon new sections 194A, 194B and 194C. Subsections (6) and (7) of section 48 make amendments to the Enterprise Act 2002 and the Consumer Rights Act 2015 in relation to tribunal procedure rules consequential upon new section 194A.