1988 Ed.]
Legal Aid Regulations
[CAP. 91
A 3
[Subsidiary]
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. (L.N.326(84))
(2)-(3) [Repealed, L.N.326/84]
(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.
Issue of certificate
5. (1) A certificate may be issued in respect of the whole or a part of
(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(2) [Repealed, L.N.326/84]
(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 an 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 payable 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 income or 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 by the Director in relation to the previous proceedings less any amount assessed by him in respect of those proceedings:
Provided that nothing in this paragraph shall prevent the Director from exercising at any time his powers under regulation 6B. (L.N.326/84)
1988 Ed.]
Legal Aid Regulations
[CAP. 91
A 3
[Subsidiary]
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. (L.N.326(84)
(2)-(3) [Repealed, L.N. 326/84]
(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 dis- charge 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.
Issue of certificate
5. (1) A certificate may be issued in respect of the whole or a part of
(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) [Repealed, L.N. 326/84]
(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 an 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 payable 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 income or 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 by the Director in relation to the previous proceedings less any amount assessed by him in respect of those proceedings:
Provided nothing in this paragraph shall prevent the Director from exercising at any time his powers under regulation 6B. (L.N. 326/84)
No comments yet.
Private notes are available after approval.