Legal Aid and Advice Act |
Legal Aid and Advice Regulations |
Rg 1 |
REVISED EDITION 1995 |
(1st October 1995) |
[1st October 1995] |
Citation |
1. These Regulations may be cited as the Legal Aid and Advice Regulations. |
Definitions |
2. In these Regulations, unless the context otherwise requires —
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Legal Aid Fund |
Application for legal aid certificate |
3.—(1) Any person who desires legal aid in any civil proceedings shall complete the application form in Form 1 set out in the Schedule.
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Application for legal aid for infant |
4.—(1) An application for legal aid for an infant shall be made by a person of full age and capacity on behalf of the infant in Form 2 set out in the Schedule, and where the application relates to proceedings which are required by the rules of the court to be brought or defended by the next friend or guardian ad litem, the applicant must be the next friend or guardian ad litem or, where proceedings have not actually begun, a person intending to act as next friend or guardian ad litem.
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Proceedings to which legal aid certificate may relate |
5.—(1) A legal aid certificate may be issued in respect of the whole or a part of —
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Amendment of legal aid certificate |
6. The Director may amend a legal aid certificate —
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Emergency certificate |
7.—(1) Any person who requires legal aid as a matter of urgency shall complete the application form in Form 4 set out in the Schedule and the Director may, subject to the provisions of this regulation, issue a legal aid certificate (in this regulation referred to as an emergency certificate) without reference to the board.
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Cancellation of legal aid certificate |
8.—(1) The Director may cancel a legal aid certificate —
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Effect of cancellation of legal aid certificate |
9.—(1) Subject to this regulation, a person whose legal aid certificate is cancelled shall, from the date that the certificate is cancelled, cease to be an aided person in the proceedings to which the certificate relates.
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Legal aid granted after commencement of proceedings |
10.—(1) Where, after proceedings have been instituted in any court, any party becomes an aided person in regard to those proceedings, the Fund shall only be liable to so much of the costs of the proceedings as are incurred while a legal aid certificate is in force.
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Refusal of legal aid certificate |
11.—(1) Where a person has applied for and has been refused legal aid on more than 4 occasions and it appears to the Director that he has abused the facilities provided by the Act, the Director may order that no consideration shall be given to any future application by that person for a legal aid certificate with regard to any particular matter for a period not exceeding 3 years from the date of the order.
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Conduct of proceedings by aided person’s solicitor |
12.—(1) Every set of papers delivered by the Director to a solicitor acting for an aided person shall be marked with the words “Legal Aid”.
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Service of notices and notifications |
13.—(1) Any notice or notification required to be served under any provision of the Act or these Regulations shall be served either personally or by registered post to the last known address of the person required to be served.
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Procedure relating to moneys payable to aided person |
14.—(1) Subject to paragraph (9), all moneys payable to an aided person —
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Costs |
15.—(1) The sums allowed to a solicitor in connection with proceedings in the Court of Appeal, High Court and Subordinate Courts shall be the full amount allowed on taxation of the costs on account of disbursements and 50% of the amount so allowed on account of solicitor and client costs except that where the sum claimed by a solicitor who has been assigned cases by the Director on account of solicitor and client costs (including disbursements) does not exceed $750, the Director may, in his discretion, approve the payment of the costs without taxation.
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Miscellaneous |
16. Where in any proceedings to which an aided person is a party —
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Rules of court |
17. Except as is otherwise provided by these Regulations, in any proceedings in any court to which an aided person is a party, the procedure shall be regulated by the rules of procedure for that court. |
Transitional provision |
18. Notwithstanding the revocation of the Legal Aid and Advice Regulations (Cap 160, Rg 1 (1990 Ed.), regulation 15(1), (2), (3) and (4) of those Regulations shall continue to apply to the remuneration of solicitors who have been assigned cases by the Director before 1st October 1995. |