Regulation 6 Legal aid for urgent steps in proceedings

Regulations 18 and 18A of the principal Regulations shall be deleted, and in their place there shall be inserted the following regulation:—

“Legal aid in specified proceedings or matters of special urgency

18

(1)

Legal aid made available may include any work undertaken before an application is determined in either of the following circumstances:—

(a)

where any step mentioned in paragraph (2) below has required to be taken as a matter of urgency to protect the applicant’s position; or

(b)

in any other circumstances where the Board is satisfied on application that special urgency exists.

(2)

The steps to which paragraph (1) above applies are—

(a)

entering appearance, lodging notice of intention to defend or appear, or reponing;

(b)

moving that the action be sisted to enable an application for legal aid to be determined by the Board;

(c)

where the court requires it, lodging defences;

(d)

opposing a motion to recall a sist;

(e)

opposing interim orders of any kind;

(f)

obtaining reports on custody or access when ordered by the Court;

(g)

opposing a freeing order for adoption or an application by a local authority to assume parental rights;

(h)

lodging a minute for an award of aliment, periodical allowance or capital payment in any action of divorce or separation and aliment;

(i)

raising and sisting an action about to be time barred;

(j)

raising an action containing a conclusion or crave for interim interdict or interim custody, moving for same and sisting the cause;

(k)

moving for or opposing a motion to discharge a diet of proof;

(l)

initiating proceedings for inhibition on the dependence;

(m)

suspension and interdict;

(n)

initiating or opposing appellate proceedings; and

(o)

where the court requires it, lodging answers when convened as third party or additional defender.

(3)

Where a solicitor undertakes work under paragraphs (1)(a) and (2) above, the solicitor shall both notify the Board and submit an application for legal aid within 14 days; failure so to do shall exclude that work from any legal aid that may be awarded.

(4)

Where the Board certifies that work under paragraph (1)(b) above may be included in any legal aid that may be awarded the Board shall—

(a)

specify that it is available only for such limited purposes, or such limited period, or both, as it shall consider appropriate in the circumstances;

(b)

require the applicant as soon as practicable to satisfy it that the requirements of section 14(1) of the Act are fulfilled, that the applicant’s disposable income is such that the applicant is eligible for legal aid, and that the applicant should not be refused legal aid by virtue of section 15(2) of the Act; and

(c)

if the applicant does not satisfy the Board, cease to make legal aid available to that applicant.”.