Regulation 10 Amendment of the Civil Legal Aid (General) Amendment Regulations 1989

For regulation 28 there shall be substituted the following new regulation:—

“Eligibility on the merits

28

(1)

Without prejudice to the generality of sections 15(2) to (3C) and (3E) of the Act and subject to paragraph (2), an application for a certificate shall only be approved after the Area Director has considered all the questions of fact or law arising in the action, cause or matter to which the application relates and the circumstances in which the application was made.

(2)

Where the application relates to proceedings to which section 15(3B), (3C) or (3E) of the Act apply, provided that the Area Director is satisfied that it does so relate and subject to regulation 27 (where applicable) he shall grant the application andParts IV and V of these Regulations shall apply with any necessary modifications.”.