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Regulation 14 Review of decision

Original text. Later amendments are not shown.

(1)

An individual who has been refused a representation order on the grounds that his financial resources are not such that he is eligible for such an order may apply for a review of the decision—

(a)

to the representation authority, on the ground that there has been a miscalculation of his income or an administrative error; or

(b)

to the Commission, on the ground that he does not have sufficient means to pay for the cost of legal assistance, notwithstanding that his financial resources are such that he is not eligible for a representation order under these Regulations.

(2)

An application for a review must be made on such form as the Commission may specify.

(3)

Where the grounds of the application are those mentioned in paragraph (1)(b), the individual must provide full particulars of his income and expenditure and a certificate by a solicitor as to the individual’s likely costs of the proceedings.

(4)

Where—

(a)

the grounds of the application are those mentioned in paragraph (1)(a); and

(b)

the representation authority is not the Commission,

the representation authority may refer the application to the Commission for its decision.

(5)

On a review the representation authority or the Commission (as the case may be) must uphold the decision or grant the individual a representation order.

(6)

The Commission may, if it thinks that the application raises a question of such importance that it should be decided by the High Court, refer that question to the High Court for its decision.