32
FORM VIL.
[r. 8071]
EROAL AID ORDINANCE 1966.
(No. 36 of 1966).
In the
Court.
Between
And
Plaintiff/Petitioner/Appellant
Defendant/Respondent
TAKE NOTICE that a Legal Aid Certificate [dated the
day of
19.... has been issued in respect of the proceedings hitherto covered by an emergency certificate] [dated the
day .........krijgeneris 19..... issued to the above named] has on
* day of
19...... been [discharged] [revoked]
of the
Dated this
day of ANKLARTARAJADORybanderes-j 19....++
FORM VIII.
Director of Legal Aid
LEGAL AID Ordinance 1966.
(No. 36 of 1966).
la the
Court.
Between
And
No.
[r. 1302)]
Plaintiff/Petitioner/Appellant
Defendant/Respondent
TAKE NOTICE that fan Emergency] [a Legal Aid] Certificate dated the
day of
19... has been issued to
in connexion with the above proceedings.
..
TAKE FURTHER NOTICE that in consequence thereof, the
been from that date an aided person.
Dated this
day of
in these proceedings is and has
19......
Director of Legal Aid,
COUNCIL CHAMBER,
Clerk of Councils.
2011 December, 1966.
33
Explanatory Note.
(This Note is not part of the regulations, but is intended to indicate their general purport).
These regulations deal with the administration of the scheme for legal aid in civil cases established by the Legal Aid Ordinance 1966.
2. Under regulation 3, applications by persons seeking legal aid must be made on Form I set out in the Schedule. The information required in this Form is needed in order to enable the Director of Legal Aid to determine whether or not a certificate should be granted to the applicant and to assist him to assess the applicant's disposable income and disposable capital. A similar Form 1 has to be filled in when application is made on behalf of an infanı (regulation 4).
3. A legal aid certificate may be issued in respect of the whole or part of proceedings in a trial court or an appellate court. Different certificates are required for a trial and an appeal in the same proceedings. An aided person may be required to make a further contribution in relation to the appeal only to the extent to which his contribution towards the trial was less than his maximum contribution.
4.
The Director shall re-assess the disposable capital and disposable income of an aided person who seeks a certificate for an appeal if the latter's circum- stances have changed. If the Director finds an increase of over $50 a month in disposable income or over $500 in disposable capital, he will re-assess the aided person's contribution (regulation $1
5.
The Director may amend a certificate of legal aid, in case of error in it, to extend its application and where counsel and solicitor are changed (regulation 6)
6. Emergency certificates may be issued where legal aid is sought as a matter of urgency (regulation 71 An emergency certificate remains in force for six weeks (or up to three months if the Director so allows) and then lapses,
7.
The Director may discharge a certificate in various circumstances, among them that the aided person has sought to conduct proceedings unreason ably, The Director is obliged to discharge the certificate if he is satisfied that the applicant's disposable capital or income exceeds the limits which allow legal aid to be granted (regulation 8) The Director may revoke a certificate if an aided person wilfully fails to comply with regulations governing information lo be supplied by him and makes false statements. The effect of discharge or revocation of a certificate is dealt with in regulation 2.
9.
8. The Director will only pay costs incurred after the issue of a certificate, save that he may pay certain costs to a solicitor who represented the aided per- son before the issue of a certificate in the circumstances set out in regulation" 10. Regulation 12 deals with the conduct of proceedings by solicitors and specifies those matters for which the issue of certificate is adequate authority and those for which the solicitor should seck specific authority from the Director. The regulation also deals with the right of solicitor and counsel to give up an alded person's case.
10. Property or money payable to an aided person must be paid to the Director who will then deal with it in the appropriate manner, as prescribed to regulation 14.
11. Lists of counsel and solicitors willing to act for aided persons are to be kept by the Director. Different lists will be kept for the Full Court, Supreme Court and District Court and of those willing to give opinions under sections 9