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

Children and patients

8.—(1) Subject to paragraphs (2) and (3), as applicable, a supplier shall not accept an application from a child or patient unless the supplier has been authorised to do so by the Director, who shall withhold such authority unless satisfied that it is reasonable in the circumstances that the child or patient should receive civil legal services.

(2) A supplier may accept an application for advice and assistance from a child who—

(a) is arrested and held at a police station or other premises; or

(b) is being interviewed by police in relation to an offence as a detained person, or as a volunteer, where the supplier is satisfied that the application cannot reasonably be made by any of the individuals specified in paragraph (3)(a), (c) or (d).

(3) A supplier may accept an application on behalf of a child or patient from—

(a) in the case of a child, the child’s parent, guardian or other individual in whose care the child is;

(b) in the case of a patient, the patient’s spouse or civil partner, or committee appointed under Part 5 of the Mental Health (Northern Ireland) Order 1986(1), or nearest relative or guardian within the meaning of Part 2 of that Order;

(c) in the case of a child or a patient, an individual acting for the purposes of any proceedings as the child or patient’s next friend or guardian ad litem; or

(d) in the case of a child or a patient, any other individual where the Director is satisfied that it is reasonable in the circumstances and has given prior authority for the civil legal services to be given to such other individual on behalf of the child or patient.

(4) Where this regulation applies, the Director shall not issue a certificate unless the individual proposing to act on behalf of the child or patient has signed an undertaking to pay (if called upon to do so) any contribution which, by virtue of any provision of the Order or Part 2 of the Financial Regulations, the Director may require an assisted party of full age and capacity to pay upon the issue or during the currency or upon suspension, discharge or revocation of the certificate.

(5) Any certificate issued by virtue of this regulation shall be in the name of the child or patient, as applicable, stating the name of the individual by whom the application was made.

(6) The individual by whom a child or patient has applied for a certificate shall be treated as the agent of the child or patient for all purposes.

(7) The Director may waive any or all of the requirements of this regulation where the Director is satisfied that it is reasonable in the circumstances to do so.

(1)

S.I. 1986/595 (N.I. 4)