The Financial Services and Markets Tribunal (Legal Assistance) Regulations 2001

PART I— GENERAL

Citation and commencement

1.  These Regulations may be cited as the Financial Services and Markets Tribunal (Legal Assistance) Regulations 2001 and shall come into force on 30th November 2001.

Interpretation

2.  In these Regulations:

“the Act” means the Financial Services and Markets Act 2000;

“advocate” means:

(a)

a barrister, or a solicitor who has obtained a higher courts advocacy qualification in accordance with regulations and rules of conduct of the Law Society; or

(b)

in relation to Scotland, a member of the Faculty of Advocates or a solicitor who holds rights of audience under section 25A of the Solicitors (Scotland) Act 1980(1);

“assisted person” means a person in receipt of legal assistance;

“the Authority” means the Financial Services Authority;

“decision notice” means a decision notice given by the Authority under section 127(1) of the Act;

“disposable income” and “disposable capital” mean, respectively, income and capital, calculated in accordance with regulations 16 to 34;

“legal assistance” means legal assistance in connection with proceedings which are before the Tribunal pursuant to a reference under section 127(4) of the Act and with regard to which a determination of the Tribunal disposing of the reference has not yet been made, and include advice, assistance and representation for the purpose of those proceedings;

“partner” except in the expression “partner in a business” means a person with whom the applicant lives as a couple, and includes a person with whom the applicant is not currently living but from whom he is not living separate and apart;

“representative” means a solicitor or an advocate; and

“the Tribunal” means the Financial Services and Markets Tribunal established under section 132 of the Act, and, for the purposes of these Regulations, includes:

(a)

any member of the panel of chairmen of the Tribunal established under paragraph 3 of Schedule 13 to the Act acting alone; and

(b)

any person acting on behalf of the Tribunal in accordance with regulation 43.

Scope

3.—(1) The Lord Chancellor shall fund such legal assistance as the Tribunal directs regarding a relevant reference.

(2) For the purposes of this regulation, a relevant reference is a reference which the Tribunal is to determine in relation to any individual who:

(a) has received a decision notice from the Authority;

(b) has referred the matter to the Tribunal under section 127(4) of the Act; and

(c) fulfils the criteria set out in regulation 8.

Applications for legal assistance

4.—(1) Any application shall be made in writing to the Tribunal.

(2) The application shall state:

(a) the name and address of the applicant;

(b) the name and address of the applicant’s solicitor;

(c) the Tribunal reference number allocated to the case, if known;

(d) the reasons why the applicant considers it to be in the interests of justice for legal assistance to be granted; and

(e) details of the financial resources of the applicant and of any other person whose resources are to be treated as his resources under these Regulations.

Provision of information

5.—(1) The Tribunal may direct the applicant to provide any information it requires in order to decide whether to grant his application.

(2) The applicant shall provide the Tribunal with any information it requires under paragraph (1).

Legal assistance order

6.—(1) Where an application for legal assistance is granted, the Tribunal shall:

(a) issue a legal assistance order; and

(b) send a copy of the order to:

(i) the applicant;

(ii) the applicant’s solicitor; and

(iii) the Authority.

(2) The legal assistance order shall include details of any contribution payable.

Refusal of legal assistance

7.—(1) Where an application for legal assistance is refused, the Tribunal shall send written reasons for the refusal to the applicant.

(2) An applicant whose application for legal assistance has been refused may make a renewed application in writing to the Tribunal.

(3) Any renewed application to the Tribunal under paragraph (2) shall specify any new or additional factors which the applicant wishes the Tribunal to take into account.

(1)

1980 c. 46. Section 25A was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act (c. 40), section 24, and amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40), Schedule 4, paragraph 31 and S.I. 1999/1042 and 2000/121.