CHAPTER 34 - LEGAL AID ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY

Legal Aid (General) Regulations

High Court (Legal Aid) (Practice and Procedure) Regulations

LEGAL AID (GENERAL) REGULATIONS

[Section 25]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Interpretation

   3.   Practitioners’ remuneration

   4.   Legal aid committee

   5.   Applications to legal aid committee

   6.   Duties of secretary

   7.   Application made other than through legal aid committee

   8.   How application is to be made

   9.   Remuneration to members of legal aid committee

   10.   Alteration of conditions under which legal aid was granted

   11.   Effect of termination of legal aid

   12.   Ascertainment of means

   13.   Contributions to legal aid

   14.   Clients’ account

   15.   Applications on behalf of infants or other persons under disability

   16.   Grant of legal aid

   17.   Reports and information to be furnished to Director

   18.   Saving as regards matters not provided for

   19.   Prescribed forms

      SCHEDULE

[Regulations by the Minister]

Act 13 of 1994,

SI 264 of 1967.

1.   Title

These Regulations may be cited as the Legal Aid (General) Regulations.

2.   Interpretation

In these Regulations, unless the context otherwise requires—

“appropriate legal aid committee” means the legal aid committee of the District in which the applicant for legal aid resides or the legal aid committee of an adjoining District or any legal aid committee to which an application is referred by the Director under the provisions of regulation 7;

“factories inspector” means any person appointed an inspector under the provisions of section 6 of the Factories Act;

“labour officer” means any person appointed or deemed to have been appointed as a labour officer under the provisions of section 4 of the Employment Act, and includes the Principal Labour Officer, a Senior Labour Officer, an Administrative Officer, a Senior Labour Assistant and a labour assistant;

“secretary” means the secretary of an appropriate legal aid committee;

“Social Welfare Officer” includes any Senior Social Welfare Officer, District Social Welfare Officer, Assistant Social Welfare Officer, or any person performing the duties of an Assistant Social Welfare Officer;

“Worker’s Compensation Commissioner” means the Worker’s Compensation Commissioner appointed under the provisions of section 13 of the Workmen’s Compensation Act.

3.   Practitioners’ remuneration

The remuneration to be paid to a practitioner under section 6(2) of the Act shall be as set out in the First Schedule.

4.   Legal aid committee

Every legal aid committee established under the Act shall consist of the District Secretary, who shall be secretary to the committee, and such other persons resident in the District, not exceeding six in number, as the Minister may, by Gazette notice, appoint.

5.   Applications to legal aid committee

   (1) An application for legal aid may be made to any member of an appropriate legal aid committee.

   (2) Whenever application is made to a member of a legal aid committee under the provisions of sub-regulation (1), the member shall, where necessary, assist the applicant to complete the prescribed form and shall state whether he has good reason to believe that the statements concerning the applicant’s means made therein are true.

   (3) Every such application shall, where it is made to a member other than the secretary, be forwarded by the member to the secretary.

6.   Duties of secretary

   (1) The secretary shall forward every application made to him or received by him to the Director with a statement whether or not he recommends the application. If the secretary does not recommend the application, he shall state his reasons for such refusal.

   (2) The secretary may, if he thinks fit, for the purpose of making a recommendation under the provisions of sub-regulation (1), consult with any one or more members of the committee.

7.   Application made other than through legal aid committee

   (1) Nothing in these Regulations shall be deemed to prohibit any person, and in particular any practitioner, from recommending to the Director any applicant or prospective applicant, who appears to such person to be in need of legal aid.

   (2) Where a recommendation in terms of sub-regulation (1) or an application for legal aid is made, other than through a legal aid committee, the Director may, if he thinks fit, refer the recommendation or application to an appropriate legal aid committee for such advice or information as he deems necessary.

8.   How application is to be made

   (1) Every application for legal aid shall be in writing, and shall contain such information, and be accompanied by such documents as may be requisite to enable the appropriate legal aid committee—

      (a)   to assess the means of the applicant; and

      (b)   to make recommendation to the Director for the grant or refusal of legal aid.

   (2) The information referred to in sub-regulation (1) shall be sufficiently detailed to enable the Director to determine—

      (a)   the nature of the proceedings, claim or matter in relation to which legal aid is sought;

      (b)   the circumstances in which legal aid is sought;

      (c)   the question whether legal aid ought to be granted or not;

      (d)   the applicant’s means and contribution to be made by him, if any.

   (3) The Director or the secretary of an appropriate legal aid committee may require any applicant to attend an oral interview for the purpose of—

      (a)   clarifying information already submitted; or

      (b)   providing further information.

   (4) Where, in the opinion of the Director, compliance with the provisions of this regulation would cause difficulty, inconvenience or delay, the Director may accept an application presented in any form he deems sufficient in the circumstances.

9.   Remuneration to members of legal aid committee

No member of a legal aid committee shall be entitled to be remunerated for his services as such member; but a member who is not a public officer and who would otherwise not be entitled to a refund of expenses incurred in the discharge of his functions under these Regulations shall be reimbursed such expenses.

10.   Alteration of conditions under which legal aid was granted

   (1) Where the Director terminates legal aid under section 22 of the Act, he may invite the party affected to make a fresh application on such altered conditions as the Director deems appropriate.

   (2) Whenever the circumstances of any legally aided person have altered so that his means have, since the date on which he was granted legal aid, increased, he shall forthwith inform the Director of such alteration in his circumstances.

11.   Effect of termination of legal aid

   (1) Where legal aid is terminated, the person granted legal aid shall, as from the date of the termination, cease to be entitled to any further assistance in the cause or matter in respect of which legal aid was granted.

   (2) Where legal aid is terminated because the person granted legal aid has—

      (a)   wilfully failed to comply with any requirement as to the information to be given by him; or

      (b)   knowingly made a false statement or representation in giving any information; or

      (c)   wilfully failed to do anything reasonably required to be done by him under the provisions of the Act or these Regulations;

he shall not be entitled to recover any contribution or portion thereof paid by him; and, further, he shall remain liable to pay to the Director the balance of any contribution still outstanding.

   (3) Where legal aid is terminated in the circumstances mentioned in sub-regulation (2), the retainer to any practitioner instructed on behalf of a person granted legal aid shall, except where the Director otherwise decides, cease and determine.

12.   Ascertainment of means

In assessing the means of an applicant for legal aid—

      (a)   there shall be left out of account any income tax or personal tax paid or payable on income treated for the purpose of granting legal aid under the provisions of the Act or these Regulations as the income of the applicant;

      (b)   there shall be allowed—

      (i)   K400 in respect of the applicant’s living expenses;

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.


Contents Include:

  • All Acts and Subsidiary Legislation made in terms of principal legislation
  • Alphabetical and Chronological Tables.

 

Key Benefit:

  • All Acts are presented in fully revised and annotated form.
  • Acts can be searched and printed in pdf and text formats.
  • The online database is amended in line with the publication of new and amending legislation.