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

Suspension of Certificates by the Director

19.—(1) The Director may suspend a certificate—

(a) subject to paragraph (2), where an assisted party’s assessed contribution is not paid on the day on which it is required;

(b) subject to paragraph (2), as a result of written representations made by any person as to a change in the circumstances of the assisted party;

(c) if the Director has cause to suspect that an assisted party has (either in making an application for a certificate or following the granting of a certificate) wilfully failed to comply with these Regulations by not furnishing any material information concerning anything other than their financial resources to the Department;

(d) if the Director has cause to suspect that an assisted party knowingly made an untrue statement in furnishing such information as referred to in sub-paragraph (c);

(e) if the Director has cause to suspect that an assisted party (either in making an application for a certificate or following the granting of a certificate) made an untrue statement as to their financial resources or has failed to disclose any material fact concerning them;

(f) if the Director has cause to believe that the assisted party has failed to attend for an interview or provide information when so required under regulations 35(4), 41(4) or 49(3), as applicable;

(g) if the Director has cause to believe that the assisted party has died;

(h) if the Director has cause to believe that the assisted party has been adjudicated bankrupt or an order has been made in relation to the assisted party under Article 226 of the Insolvency (Northern Ireland) Order 1989(1); or

(i) if the Director has cause to believe that the assisted party has been declared by the Court of Judicature to be a vexatious litigant.

(2) A certificate may not be suspended under paragraph (1) (a) or (b) until notice has been served on the assisted party and the supplier that the certificate may be suspended, and the assisted party has been given a reasonable opportunity to make written representations as to why the certificate should not be suspended.

(3) If a certificate is suspended under this regulation, the Director shall notify the supplier and the assisted party in writing and shall include the reasons for such suspension.

(4) It shall be the duty of the supplier to notify, as soon as practicable, instructed counsel in proceedings to which the certificate relates that the certificate has been suspended.

(1)

S.I. 1989/2405 (N.I. 19)