Citation and
IF WE LE
Interprata-
Application for certi- ficate. Form L
Applications
on behalf of infacts.
Form II.
2
LEGAL AID ORDINANCE 1966.
(No. 36 of 1966).
LEGAL AID REGULATIONS 1966.
In exercise of the powers conferred by section 28 of the Legal Aid Ordinance 1966, the Governor in Council has made the following regulations
1. These regulations may be cited as the Legal Aid Regulations 1966, and shall come into operation on the day appointed for the commencement of the Legal Aid Ordinance 1966.
In these regulations, unless the context otherwise requires- "certificate" means a certificate or emergency certificate issued in accordance with these regulations, entitling a person to legal aid under the Ordinance.
3. (1) Any person desiring legal aid in a civil action may apply for legal aid in the Form I set out in the Schedule.
(2) Every application for legal aid shall contain such informa tion and shall be accompanied by such documents as may be requisite to enable the Director to determine-
(a) the nature of the proceedings in relation to which legal aid is sought and the circumstances in which legal aid is required; (b) the question whether it is reasonable that a certificate should
be granted; and
(c) the disposable income and disposable capital of the ap
plicant.
4. (1) An application for legal aid for an infant shall be made by a person of full age and capacity on his behalf and shall be in the Form II set out in the Schedule, and where the application relates to proceedings which are required by rule of court to be brought or defended by the next friend or guardian ad litem, that person shall be the next friend or guardian ad litem or, where proceedings have not actually begun, the person intending to act as next friend or guardian ad litem.
(2) Every application for legal aid for an infant shall contain such information and shall be accompanied by such documents as may be requisite to enable the Director to determine-
(a) the nature of the proceedings in relation to which legal aid is sought and the circumstances in which legal aid is required; (b) the question whether it is reasonable that a certificate should
be granted; and
(c) the disposable income and disposable capital of the applicant (3) The Director shall not issue a certificate applied for by person on behalf of an infant unless that person has signed an under
3
taking to pay to the Director (if called upon to do so) any sum whịch, by virtue of any provision of the Ordinance, the Director may require an aided person of full age and capacity to pay upon the issue or during the currency or upon discharge or revocation of the certificate, (4) Any certificate issued by virtue of this regulation shall be in the name of the infant, stating the name of the person by whom he has applied.
(5) In any matter relating to the issue, amendment, revocation or discharge of a certificate issued by virtue of this regulation, and in any other matter which may arise as between an aided person and the Director, the person by whom the infant has applied for a certificate shall be treated for all purposes (including the receipt of notices) as the agent of the infant.
5. (1) A certificate may be issued in respect of the whole or Issue of a part of-
ceruicate.
(a) proceedings in a court of first instance, or (b) proceedings in an appellate court.
No certificate shall relate to proceedings (other than interlocutory appeals) both in a court of first instance and in an appellate court. (2) A certificate shall not relate to more than one action, cause or matter, but may include proceedings for the enforcement of any such order or agreement as is referred to in paragraph (2) of regulation 14.
(3) In assessing the amount of contribution, if any, payable in respect of any proceedings, the Director shall have regard to their probable cost and, save as is hereinafter provided, shall not assess in amount in excess of any maximum amount of contribution provided for by the Ordinance. Where the probable cost of the proceedings exceeds the maximum amount of contribution, the Director shall save as aforesaid assess that maximum as the amount of contribution pay- able in respect of the proceedings.
(4) Where an application is approved relating to-
(a) proceedings (other than interlocutory proceedings) in an appellate court in any action, cause or matter, in which the applicant was an aided person in the court below; or
(b) proceedings by way of a new trial ordered by an appellate court before whom the applicant was an aided person,
the Director shall not redetermine the applicant's disposable income and disposable capital, but shall save as hereinafter provided assess the amount of contribution, if any, payable in respect of the proceedings at an amount not greater than the maximum contribution determined assessed by him in respect of those proceedings: by the Director in relation to the previous proceedings less any amount