Caution : This is a past version. See the current version for the latest position.
(1) A certificate may be issued in respect of the whole or a part of-
(a) proceedings in a court of first instance; or
(b) proceedings in an appellate court.
No certificate shall relate to proceedings (other than interlocutory appeals) both in a court of first instance and in an appellate court.
(2) (Repealed L.N. 326 of 1984)
(3) In assessing the amount of contribution, if any, payable in respect of any proceedings, the Director shall have regard to their probable cost and, save as is hereinafter provided, shall not assess an amount in excess of any maximum amount of contribution provided for by the Ordinance. Where the probable cost of the proceedings exceeds the maximum amount of contribution, the Director shall save as aforesaid assess that maximum as the amount of contribution payable in respect of the proceedings.
(4) Where an application is approved relating to-
(a) proceedings (other than interlocutory proceedings) in an appellate court in any action, cause or matter, in which the applicant was an aided person in the court below; or
(b) proceedings by way of a new trial ordered by an appellate court before whom the applicant was an aided person,
the Director shall not redetermine the applicant's financial resources, but shall save as hereinafter provided assess the amount of contribution, if any, payable in respect of the proceedings at an amount not greater than the maximum contribution determined by the Director in relation to the previous proceedings less any amount assessed by him in respect of those proceedings: (L.N. 194 of 1992; L.N. 147 of 2000)
Provided nothing in this paragraph shall prevent the Director from exercising at any time his powers under regulation 6B. (L.N. 326 of 1984)
(5) In fixing the method by which any contribution shall be paid, the Director shall have regard to all the circumstances, including the probable length of time which any certificate issued as a result of the application will be in force, and may order the contribution to be paid in instalments or the whole or a part of it to be paid before a certificate is issued.
(6) After the Director has approved an application for a certificate he shall notify the applicant-
(a) of the maximum amount of his contribution as determined by him; and
(b) of the terms upon which a certificate will be issued to him.
(7) An applicant who wishes a certificate to be issued to him on the terms notified by the Director shall within 14 days of being so notified, or within such further period as the Director may allow, signify his acceptance of those terms in the form determined by the Director and shall lodge it with the Director. (L.N. 326 of 1984; L.N. 194 of 1992; L.N. 147 of 2000)
(8) (Repealed L.N. 147 of 2000)
(9) When an applicant has complied with such of the provisions of paragraph (7) as may be relevant to his case, the Director shall issue a certificate in the form determined by the Director. (L.N. 147 of 2000)
(10) Nothing in paragraph (3), (4) or (6)(a) shall apply where legal aid is granted under the Supplementary Legal Aid Scheme. (L.N. 147 of 2000)