The Legal Aid in Criminal and Care Proceedings (General) (Amendment) Regulations 1996

Amendments to the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989

4.  After paragraph 2 of Schedule 3 there shall be inserted the following:—

“2A.— (1) Where it appears to the proper officer that:

(a) the person concerned has directly or indirectly transferred any resources to another person;

(b) another person is or has been maintaining the person concerned in the proceedings to which the application relates or any other proceedings, or

(c) any of the resources of another person are or have been made available to the person concerned,

the proper officer shall have power to treat all or any part of the resources of that other person as the resources of the person concerned.

(2) Where sub-paragraph (1) applies:

(a) the question of what is or is not a resource of that other person shall be determined, as nearly as the circumstances permit, in accordance with the provisions of this Schedule excluding this paragraph, and

(b) the proper officer shall assess or estimate the value of those resources to the best of his judgment.

(3) In this paragraph, “person” (except in the phrase “person concerned”) includes a company, partnership, body of trustees and any body of persons whether corporate or not corporate.”.