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

Prohibitory Directions

30.—(1) The Director may make a prohibitory direction—

(a) if an individual has applied for and been refused a certificate in the same proceedings on three or more occasions; and

(b) the Director is satisfied that the individual’s conduct has amounted to an abuse of the facilities provided by the Order.

(2) In considering whether to make a prohibitory direction under paragraph (1), the Director shall—

(a) make such enquiries as appear to the Director to be necessary; and

(b) give the individual in respect of whom the prohibitory direction may be made (either personally or by the individual’s supplier) a reasonable opportunity to make written representations as to why a prohibitory direction should not be made.

(3) The Director may—

(a) include within the terms of a prohibitory direction any assignee, next friend, guardian ad litem or controller applying for a certificate on behalf of the individual referred to in the prohibitory direction; and

(b) at any time vary or revoke a prohibitory direction in whole or in part.

(4) Where the Director makes a prohibitory direction, the Director shall—

(a) give written notification to the individual in respect of whom the direction is made; and

(b) detail the reasons for making such a direction.

(5) The effect of a prohibitory direction is that no consideration shall be given, for a period not exceeding three years, to any future application by an individual for a certificate with regard to any particular matter.

(6) An individual in respect of whom a prohibitory direction has been made or such individual’s supplier may apply in writing for the direction to be varied or revoked.

(7) On receipt of an application under paragraph (6), the Director shall consider whether to vary or revoke the prohibitory direction; and shall inform the individual in writing of the decision as to whether to vary or revoke the decision.