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Legal Aid, Advice and Assistance (Northern Ireland) Order 1981

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Report on means of applicant for free legal aidF3F4N.I.

33.—(1) Where a person has applied for free legal aid and has furnished a statement of means under Article 32(1) the court having power to grant a certificate entitling him to such legal aid may, before or after the granting of the certificate, require the[F1 Department for Social Development] to arrange for an officer of that Department to enquire into the means of that person and where such a request is made that Department shall comply with it and arrange for the officer to make a report to the court.

(2) Where the court receives a report under paragraph (1) before a certificate is granted, it shall, in determining whether or not to grant the certificate, have regard to the report and where the court receives such a report after a certificate has been granted, it may revoke the certificate if it appears to the court that the person to whom the certificate was granted—

(a)wilfully withheld material information from the court; or

(b)knowingly made a false statement in furnishing information to the court; or

(c)furnished to the court, due to error or mistake, a statement of means which was misleading to a significant extent.

(3) Where a certificate is revoked under paragraph (2), the cost of legal aid incurred to the date of revocation may be recovered from the person to whom the certificate was granted (or if such person was a child or young person, the parent or guardian) as a civil debt due to the Crown and a county court notwithstanding any limitation imposed on its jurisdiction under any statutory provision shall have jurisdiction to hear and determine any action brought to recover such cost.

[F2(4) Paragraph (3) does not apply in relation to a person who is already subject to an order under Article 33A(1) in respect of the cost of legal aid incurred.]

F3Order repealed (prosp.) by Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)), arts. 1(2), 49(2), Sch. 5 and the repeal being partly in operation, as to which see individual Articles

F4functions transfered by SI 1982/159

Non-textual amendments applied to the whole Legislation can be found in the Introduction

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