5(1)Any question as to whether a right to representation should be granted shall be determined according to the interests of justice.
(2)In deciding what the interests of justice consist of in relation to any individual, the following factors must be taken into account—
(a)whether the individual would, if any matter arising in the proceedings is decided against him, be likely to lose his liberty or livelihood or suffer serious damage to his reputation,
(b)whether the determination of any matter arising in the proceedings may involve consideration of a substantial question of law,
(c)whether the individual may be unable to understand the proceedings or to state his own case,
(d)whether the proceedings may involve the tracing, interviewing or expert cross-examination of witnesses on behalf of the individual, and
(e)whether it is in the interests of another person that the individual be represented.
(3)The Lord Chancellor may by order amend sub-paragraph (2) by adding new factors or varying any factor.
(4)A right to representation shall always be granted in such circumstances as may be prescribed.