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The Civil Legal Aid (General) Regulations 1989

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Child Abduction and Custody Act 1985(1)

14.—(1) A person whose application under the Hague Convention or the European Convention has been submitted to the Central Authority in England and Wales pursuant to section 3(2) or section 14(2) of the Child Abduction and Custody Act 1985 and on whose behalf a solicitor in England and Wales has been instructed in connection with the application–

(a)shall be eligible to receive legal aid whether or not his financial resources are such as to make him eligible to receive it under regulations made under the Legal Aid Act 1988;

(b)shall not be refused legal aid by virtue of subsections (2) and (3) of section 15 of the said Act of 1988; and

(c)shall not be required to pay a contribution to the legal aid fund;

and these Regulations (with the exception of those provisions relating to assessment of disposable income and capital, eligibility on the merits and payment of contribution) shall apply accordingly.

(2) In this regulation the “Hague Convention” means the convention defined in section 1(1) of the Child Abduction and Custody Act 1985 and the “European Convention” means the convention defined in section 12(1) of that Act.

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