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PART 5 N.I.REPRESENTATION (HIGHER COURTS)

Determination of applications for certificatesN.I.

43.—(1) Subject to paragraph (2), an application for a certificate under this Part shall not be granted unless—

(a)it is shown that there are reasonable grounds for taking, defending or being a party to the proceedings to which the application relates; and

(b)the applicant has signed an undertaking to pay any required contribution.

(2) An application for a certificate under this Part may be refused if, in the circumstances of the case, it appears to the Director—

(a)to be unreasonable that a certificate should be granted;

(b)to be more appropriate that an application for a certificate should be made under Part 4; or

(c)that only a trivial advantage would be gained by the applicant in taking, defending or being a party to the proceedings to which the application relates, or, owing to the simple nature of the proceedings, a supplier would not ordinarily be employed.