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

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This is the original version (as it was originally made).

Applications for certificates and authorities

This section has no associated Explanatory Memorandum

49.—(1) Subject to regulations 6 and 7, an application for a certificate under this Part shall be made by an applicant in person to the supplier from whom the representation is sought.

(2) The applicant shall furnish the supplier with the information and supporting documentary evidence necessary to enable the Director or an assessing authority to determine—

(a)the nature of the proceedings in relation to which a grant of exceptional funding is sought and the circumstances in which representation is required;

(b)whether the criteria as set out in Article 12A of the Order are satisfied; and

(c)the disposable income, disposable capital and maximum contribution of the applicant.

(3) The applicant shall, if required by the Director or an assessing authority, attend for an interview or supply such further information or documents as may be required.

(4) Subject to paragraph (5), where the applicant has failed to comply with a requirement under paragraph (3), the Director may treat the application as withdrawn.

(5) An application may not be treated as withdrawn under paragraph (4) unless the Director has notified the applicant and the supplier that the application may be treated as withdrawn unless the applicant complies with a requirement under paragraph (3) within a specified period.

(6) The information required by this regulation shall be furnished on a form or forms approved by the Department, or such other manner as the Director may accept as sufficient in the circumstances of the application.

(7) It shall be a condition of every certificate issued under this Part that the prior authority of the Director shall be required—

(a)to obtain a report or opinion of an expert;

(b)to tender expert evidence;

(c)to obtain a report or an opinion of a person (other than an expert);

(d)to tender such evidence as referred to in sub-paragraph (c); or

(e)to perform an act which is either unusual in its nature or involves unusually large expenditure.

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