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

Revocation of certificate by the courtN.I.

This section has no associated Explanatory Memorandum

27.—(1) The court may revoke a certificate at any time during the hearing of any proceedings to which an assisted party is a party, upon application by any other party to the proceedings or by the Department—

(a)if satisfied that an assisted party has (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;

(b)if satisfied that an assisted party has wilfully failed to comply with these Regulations by not furnishing to the Department, any material information concerning anything other than their financial resources; or

(c)if satisfied that the assisted party has made an untrue statement in furnishing such information as referred to in sub-paragraph (b).

(2) A certificate may not be revoked under paragraph (1) unless the assisted party and the supplier have been given a reasonable opportunity to make representations as to why the certificate should not be revoked.

(3) A certificate may not be revoked under paragraph (1) if the assisted party or the supplier satisfies the court that the assisted party used due care and diligence to avoid such misstatement or failure.

(4) Where an application under paragraph (1) is made by the Department, the court may order the Department to be made a party to the proceedings for the purpose of the application.

(5) When a court makes an order revoking an assisted party's certificate, the supplier shall, as soon as practicable, inform the Director.

(6) 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as soon as practicable, instructed counsel in proceedings to which the certificate relates, that the certificate has been revoked.