Where, for the purpose of enforcing a costs order against a legally aided party who is not a legal person, a charging order is made under section 1 of the Charging Orders Act 1979 (alone or together with any other judgment or order) in respect of that party’s interest in the main or only dwelling in which that party resides—
that charging order must operate to secure the amount payable under the costs order (including, without limitation, any interest) only to the extent of the amount (if any) by which the proceeds of sale of the legally aided party’s interest in the dwelling (having deducted any mortgage debts) exceed £100,000; and
an order for the sale of the dwelling must not be made in favour of the person in whose favour the charging order is made.