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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Prescribed fees |
Legal Aid Fund |
2A.—(1) There shall be a Legal Aid Fund into which shall be paid —
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Application for Grant of Aid |
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 minor |
4.—(1) An application for legal aid for a minor shall be made by a person of full age and capacity on behalf of the minor 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 guardian, the applicant must be the guardian or, where proceedings have not actually begun, a person intending to act as guardian. [S 355/2013 wef 01/07/2013]
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Proceedings to which Grant of Aid may relate |
5.—(1) A Grant of Aid may be issued in respect of the whole or a part of —
[S 355/2013 wef 01/07/2013]
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Amendment of Grant of Aid |
6. The Director may amend a Grant of Aid —
[S 355/2013 wef 01/07/2013] |
Provisional Grant of Aid |
7.—(1) If the Director is of the opinion that a person requires legal aid as a matter of urgency, the Director may, subject to the provisions of this regulation, issue a Grant of Aid (referred to in this regulation as a Provisional Grant of Aid) without reference to the board.
[S 355/2013 wef 01/07/2013] |
Cancellation of Grant of Aid |
8.—(1) The Director may cancel a Grant of Aid —
[S 355/2013 wef 01/07/2013]
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Effect of cancellation of Grant of Aid |
9.—(1) Subject to this regulation, a person whose Grant of Aid is cancelled shall, from the date that the Grant is cancelled, cease to be an aided person in the proceedings to which the Grant relates. [S 355/2013 wef 01/07/2013]
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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 Grant of Aid is in force. [S 355/2013 wef 01/07/2013]
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Refusal of Grant of Aid |
11.—(1) Where a person has applied for and has been refused legal aid, or has had his Grant of Aid cancelled, on a total of 3 or more 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 Grant of Aid with regard to any particular matter for a period not exceeding 3 years from the date of the order. [S 355/2013 wef 01/07/2013]
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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 documents |
13.—(1) Any document 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.
[S 355/2013 wef 01/07/2013] |
Procedure relating to moneys payable to aided persons |
14.—(1) Subject to paragraphs (2) and (7), all moneys payable to an aided person —
[S 355/2013 wef 01/07/2013] |
Costs payable to solicitors |
15.—(1) The sums allowed to a solicitor —
[S 355/2013 wef 01/07/2013] |
16. [Deleted by S 355/2013 wef 01/07/2013] |
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. |