Regulation 16 Application on behalf of minors and patients
Subject to paragraph (5), an application for legal aid for a minor or patient shall be made on his behalf by a person of full age and capacity and,
where the application relates to proceedings which are required by rules of court to be brought or defended by a next friend or guardian ad litem, the person making the application shall be the next friend or guardian ad litem, or,
where the application relates to proceedings which have not actually begun, the person who, subject to any order of the court, intends to act in either of those capacities when the proceedings begin, shall make the application.
Except where an application is made by the Official Solicitor, the Area Director shall not issue a certificate applied for by a person on behalf of a minor or patient unless that person has signed an undertaking to pay to the Board (if required to do so) any sums which, by virtue of any provision of the Act or of these Regulations, the Area Director may require an assisted person of full age and capacity to pay upon the issue or during the currency or upon the discharge or revocation of a certificate.
Any certificate issued to a minor or patient shall be in his name, stating the name of the person who has applied for it on his behalf.
In any matter relating to the issue, amendment, revocation or discharge of a certificate issued to a minor or patient, and in any other matter which may arise between an assisted person who is a minor or patient and the Area Director, the person who is named in the certificate as the next friend or guardian ad litem of the minor or patient shall be treated for all purposes (including the receipt of notices) as the agent of the minor or patient.
An Area Director may, where the circumstances appear to make it desirable, waive all or any of the requirements of the preceding paragraphs of this regulation.