International Child Abduction (Application of Legislation relating to Legal Aid and Legal Advice) Regulations 2011

No. S 74

International Child Abduction Act 2010

(Act 27 of 2010)

International Child Abduction (Application of Legislation Relating to Legal Aid and Legal Advice) Regulations 2011

In exercise of the powers conferred by sections 19 and 20 of the International Child Abduction Act 2010, the Minister for Law hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the International Child Abduction (Application of Legislation relating to Legal Aid and Legal Advice) Regulations 2011 and shall come into operation on 1st March 2011.

Definition

2. In these Regulations, “Director” means the Director of Legal Aid appointed under section 3 of the Legal Aid and Advice Act (Cap. 160) and includes a Deputy Director and an Assistant Director appointed under section 3 of that Act.

Application of Legal Aid and Advice Act

3. The following provisions of the Legal Aid and Advice Act (Cap. 160) shall, with such exceptions, modifications and adaptations as are specified in regulations 4 to 8, apply in relation to the provision of legal aid and legal advice under Part IV of the International Child Abduction Act 2010 as they apply in relation to the provision of legal aid and legal advice under the Legal Aid and Advice Act:

(a)	Part I;
(b)	Part II (except sections 8(4) and 19);
(c)	Part III;
(d)	Part IV (except sections 23 and 24); and
(e)	Second Schedule (except paragraph (g) of the definition of “disposable capital” and paragraph (d) of the definition of “disposable income” in paragraph 4).

Modification of section 5 of Legal Aid and Advice Act

4. Section 5 of the Legal Aid and Advice Act (Cap. 160) shall have effect with the following modifications:

(a)

subsection (1) of that section shall not apply;

(b)

instead, legal aid may be given to a person —

(i)

who is a citizen of, or habitually resident in, Singapore or a Contracting State; and

(ii)

who is or will be —

(A)	a party to the proceedings under section 8 of the International Child Abduction Act 2010; or
(B)	the applicant in the proceedings under section 14 of the International Child Abduction Act 2010.

Modification of section 6 of Legal Aid and Advice Act

5. Section 6(2) of the Legal Aid and Advice Act (Cap. 160) shall have effect with the modification that where a guardian makes an application to the Director on behalf of an infant, the guardian must be a person who is a citizen of, or habitually resident in, Singapore or a Contracting State.

Modification of section 11 of Legal Aid and Advice Act

6. Section 11(2) of the Legal Aid and Advice Act (Cap. 160) shall have effect with the modification that the Director shall assign a solicitor, to be selected at his sole discretion, from the appropriate panel of solicitors maintained pursuant to section 4 of that Act, to act for each applicant.

Modification of section 12 of Legal Aid and Advice Act

7. Section 12(1) of the Legal Aid and Advice Act (Cap. 160) shall have effect with the modification that where a legal aid certificate is granted, the Director may assign a solicitor, to be selected at his sole discretion, from the appropriate panel of solicitors maintained pursuant to section 4 of that Act, to act for the applicant.

Modification of Second Schedule to Legal Aid and Advice Act

8. Paragraph (e) of the definition of “disposable capital” in paragraph 4 of the Second Schedule to the Legal Aid and Advice Act (Cap. 160) shall be read, in its application in relation to the provision of legal aid and legal advice under Part IV of the International Child Abduction Act 2010, as if the words “or a Housing and Development Board flat owned and exclusively used by the applicant and his family as their home” were deleted.

Application of Legal Aid and Advice Regulations

9. The provisions of the Legal Aid and Advice Regulations (Cap. 160, Rg 1) shall, with such modifications and adaptations as are specified in regulation 10, apply in relation to the provision of legal aid and legal advice under Part IV of the International Child Abduction Act 2010 as they apply in relation to the provision of legal aid and legal advice under the Legal Aid and Advice Act (Cap. 160).

Modification of regulations 3 and 4 of Legal Aid and Advice Regulations

10. Regulations 3(2) and 4(2) of the Legal Aid and Advice Regulations (Cap. 160, Rg 1) shall have effect with the modification that every application for legal aid must contain the following particulars relating to an applicant or a guardian, as the case may be:

(a)	contact details, such as a postal address, a telephone or facsimile number or an email address, for official correspondence; and
(b)	a residential address, whether local or overseas, for service of any notice or notification which is required to be served under any provision of the Legal Aid and Advice Act (Cap. 160) or the Legal Aid and Advice Regulations.

Payment of sums to Director

11.—(1) Where an applicant has been required to make —

(a)	a contribution under section 9(1) of the Legal Aid and Advice Act (Cap. 160); or
(b)	a deposit in respect of out-of-pocket expenses under section 13(1) of that Act,

the payment for such contribution or deposit, as the case may be, shall be made in Singapore currency to the Director in one of the following modes:

(i)	in cash at the office of the Legal Aid Bureau;
(ii)	by money order, postal order, or cheque drawn on any bank in Singapore, made payable to the Director and delivered or sent by post to the office of the Legal Aid Bureau; or
(iii)	by telegraphic or electronic funds transfer from the bank account of the applicant to a bank account designated by the Director.

(2) The applicant shall bear any fees or charges payable to any bank for a telegraphic or an electronic funds transfer service and shall reimburse the Director, if so required by the Director, such fees or charges borne by the Director on his behalf.

(3) In this regulation, “cash” means currency notes and coins of Singapore which are legal tender in Singapore.

Conversion of foreign currency

12.—(1) Where under any provision of the Legal Aid and Advice Act (Cap. 160) or the Legal Aid and Advice Regulations (Cap. 160, Rg 1) the conversion of foreign currency into Singapore currency is required to be made, the rate of exchange for the purpose of the conversion shall be the rate of exchange between that foreign currency and the Singapore currency applicable at the relevant time.

(2) In this regulation, “relevant time” means —

(a)

in the case of determining the disposable capital or the disposable income of the applicant —

(i)	subject to sub-paragraph (ii), the date on which an applicant makes an application for legal aid to the Director under section 6(1) or (2) of the Legal Aid and Advice Act (Cap. 160); or
(ii)	the date on which the Director makes a further determination or such enquiries as to the means and condition of an applicant under section 7(a) of that Act; and

(b)

in the case of a contribution required to be made under section 9(1) of the Legal Aid and Advice Act (Cap. 160) or a deposit in respect of out-of-pocket expenses required to be paid under section 13(1) of that Act, such of the following dates as the Director may, in his sole discretion, determine:

(i)	the date on which the Director makes a written request to an applicant for such contribution or deposit to be made; or
(ii)	the date on which such contribution or deposit is received by the Director from an applicant pursuant to his written request.

Made this 14th day of February 2011.

PANG KIN KEONG

Permanent Secretary,
Ministry of Law,
Singapore.

[LAW 06/018/008 Vol. 5; AG/LLRD/SL/143C/2010/1 Vol. 1]

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