Form 11
Form IV.
Authendient
of certificate.
Provided that, if, since the last determination by the Director of the disposable income and disposable capital of the applicant, his circumstances have altered otherwise than as a result of the payment of a contribution in respect of the previous proceedings the Director shall redetermine bis disposable income and disposable capital and shall take into account any increase or decrease in the amount of his dis- posable income by an amount greater than fifty dollars a month and any increase in the amount of his disposable capital by an amount greater than five hundred dollars.
(5) To fixing the method by which any contribution shall be paid, the Director shall have regard to all the circumstances, including the probable length of time which any certificate issued as a result of the application will be in force, and may order the contribution to be paid in instalments or the whole or a part of it to be paid before a certificate is issued.
(6) After the Director has approved an application for a certificate be shall notify the applicant----
(a) of the maximum amount of his contribution as determined
by him; and
(b) of the terms upon which a certificate will be issued to him. (7) An applicant who wishes a certificate to be issued to him on the terms notified to him by the Director shall, within fourteen days of being so notified, signify his acceptance of those terms in the Form III set out in the Schedule and shall lodge it with the Director.
(8) If those terms require a contribution to be paid, the applicant shall lodge with the Director an undertaking to pay the contribution by the method stated in the terms and, if the contribution or any part of it is required to be paid before the certificate is issued, shall make that payment accordingly.
(9) When an applicant has complied with such of the provisions of paragraphs (7) and (8) as are relevant to bis case, the Director shall issue a certificate in the Form IV set out in the Schedule.
6.
The Director may amend a certificate---
(a) where it appears to him that there has been some error of
mistake in the certificate; or
(6) when, in his opinion, it has become desirable either for the certificate to extend to other proceedings, being part of the same action, cause or matter to which the certificate relates, or proceedings for the enforcement of any such order or agreement as is referred to in paragraph (2) of regulation 14, or for the certificate not to extend to certain of the proceedings in respect of which it was issued; or
(c) when an aided person desires to change his counsel or solicitor or counsel or solicitor gives up an aided person's case,
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7. (1) Any person who desires legal aid as a matter of urgency Emergency may apply for an emergency certificate in the Form V set out in the certificate. Schedule.
(2) An application for an emergency certificate shall give such information as may be requisite to enable the Director to determine whether-
(a) the applicant is likely to fulfil the conditions under which
legal aid may be granted under the Ordinance; and
(6) it is in the interests of justice that the applicant should, as
a matter of urgency, be granted legal aid,
and shall furnish such additional information and documents (if any) as may be sufficient to constitute an application for a legal aid certificate under the Ordinance:
Provided that, if it appears to the Director that the applicant cannot at the time of the application reasonably furnish that informa- tion, or any part of it, the Director shall nevertheless have power to issue an emergency certificate subject to such conditions as to the furnishing of additional information as he thinks reasonable.
Form V.
(3) An emergency certificate shall be in the Form VI set out in Form VI. the Schedule.
(4) An emergency certificate shall have the same effect in all respects as a legal aid certificate.
(5) An emergency certificate shall remain in force for a period of six weeks, or such longer period not exceeding three months as the Director may allow, and tuless within that period a legal aid certificate is issued in respect of the proceedings to which the emergency certi- ficate relates it shall at the end of that period be deemed to have been revoked:
Provided that if within that period he decides to refuse the appli- cation for a legal aid certificate in respect of proceedings to which the emergency certificate relates, the Director shall forthwith revoke the emergency certificate.
(6) Upon an emergency certificate being extended or being deemed to be revoked under the provisions of paragraph (5), the Director shall forthwith issue a notification to all parties to that effect.
8. (1) A certificate may be either discharged or revoked by the Discharge Director in the circumstances specified in this rule.
(2) The Director may discharge a certificate—
(a) at any time at the request of the person to whom it is issued; (b) where an aided person has been required to make a contri- bution and any payment in respect thereof is more than thirty days in arrears;
and revoca- tion of certificates.