PART 5 N.I.REPRESENTATION (HIGHER COURTS)

Applications for certificatesN.I.

41.—(1) Where it appears to the supplier that an individual requires representation in respect of any proceedings listed in paragraph 2 of Schedule 2 to the Order, an application for a certificate under this Part may be submitted to the Director.

(2) Subject to regulations 6 and 7, an application for a certificate under this Part shall be made by an applicant in person to the supplier from whom the representation is sought.

(3) The applicant shall furnish the supplier with the information and supporting documentary evidence necessary to enable the Director F1... to determine—

(a)the nature of the proceedings in relation to which a certificate under this Part is sought and the circumstances in which representation is required;

(b)whether the requirements of regulation 43(1) are met; and

(c)unless an exemption applies under regulation 4 of the Financial Regulations—

(i)the applicant's disposable income;

(ii)the applicant's disposable capital;

(iii)whether the applicant is in receipt of any benefit or allowance referred to in regulation 5 of the Financial Regulations; and

(iv)the applicant's maximum contribution.

(4) The applicant shall, if required by the Director F2..., attend for an interview or supply such further information or documents as may be required.

(5) Subject to paragraph (6), where the applicant has failed to comply with a requirement under paragraph (4), the Director may treat the application as withdrawn.

(6) An application may not be treated as withdrawn under paragraph (5) unless the Director has notified the applicant and the supplier that the application may be treated as withdrawn unless the applicant complies with a requirement under paragraph (3) within a specified period.

(7) The information required by this regulation shall be furnished on a form or forms approved by the Department or such other manner as the Director may accept as sufficient in the circumstances of the case.

Textual Amendments