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The Civil Legal Services (General) Regulations (Northern Ireland) 2015

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Emergency CertificatesN.I.

This section has no associated Explanatory Memorandum

17.—(1) An application for a certificate may be made as a matter of urgency.

(2) An application under this regulation shall be made on a form approved by the Department, or in such manner as the Director may accept in the circumstances of the application.

(3) An application under this regulation shall contain such information and documentary evidence as may be required to enable the Director to determine whether—

(a)the applicant is likely to fulfil the conditions under which civil legal services may be granted under the Financial Regulations and regulations 37(1), 43(1) or 49(2)(b), as applicable; and

(b)it is in the interests of justice that the applicant should be granted a certificate as a matter of urgency.

(4) The Director may grant an emergency certificate with the condition that such information and documentation referred to in paragraph (3) is subsequently provided, if it appears to the Director that the applicant cannot at the time of the application reasonably furnish such information or documentation.

(5) Notwithstanding regulation 3, a certificate issued under this regulation may, at the discretion of the Director, specify that the certificate is to be treated as having effect from such date as the Director considers appropriate.

(6) If the Director considers it appropriate to do so, the Director may issue an emergency certificate [F1without reference to a determination in respect of an applicant’s disposable income or capital] .

(7) An emergency certificate shall have the same effect in all respects as a certificate issued under regulation 16 and any individual holding an emergency certificate shall, while it is in force, be deemed for the purposes of Part 2 of the Financial Regulations to have a disposable income of an amount which makes civil legal services available to that individual.

(8) An emergency certificate shall remain in force for such period as the Director may permit and on the expiration of such period shall be discharged or revoked, unless a certificate is issued under regulation 16 in respect of the same proceedings.

(9) A certificate issued under regulation 16 in respect of proceedings for which an emergency certificate was previously issued, shall take effect from the date upon which the emergency certificate was issued and shall state—

(a)the reference and date of issue of the emergency certificate; and

(b)that the emergency certificate has been continuously in force from that date until the date of the certificate.

(10) Subject to paragraph (11) the Director may extend the period referred to in paragraph (8), where—

(a)the applicant is offered a certificate in respect of the proceedings to which the emergency certificate relates and either fails to signify acceptance or appeals against the terms of such offer;

(b)the applicant is refused an application for a certificate in respect of proceedings to which an emergency certificate relates and either notice of appeal has been given to the Director within the time limits laid down by Part 2 of the Appeal Regulations or the time limit for doing so has expired; or

(c)there are exceptional circumstances.

(11) Where, under paragraph (10)(a) or (b), the Director extends the period referred to in paragraph (8, no further work may be done or steps taken under the emergency certificate.

(12) Upon an emergency certificate being extended, amended, suspended, discharged or revoked, the Director shall issue a notice to that effect to the supplier and to the assisted party.

(13) It shall be the duty of the supplier to notify, as soon as practicable, any instructed counsel that the certificate has been extended, amended, discharged or revoked.

(14) Where a certificate under this regulation has been issued and the assisted party is (or becomes) a party to proceedings, the supplier shall, as soon as practicable, notify any other party to the proceedings and the court in which the proceedings are pending.

(15) Where a certificate issued under this regulation is suspended, discharged or revoked, the supplier shall, as soon as practicable, notify any other party to the proceedings and the court in which the proceedings are pending.

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