Legal Aid Act 1988

15 Availability of, and payment for, representation under this Part

(1) Subject to subsections (2) and (3) below, representation under this Part for the purposes of proceedings to which this Part applies shall be available to any person whose financial resources are such as, under regulations, make him eligible for representation under this Part.

(2) A person shall not be granted representation for the purposes of any proceedings unless he satisfies the Board that he has reasonable grounds for taking, defending or being a party to the proceedings.

(3) A person may be refused representation for the purposes of any proceedings if, in the particular circumstances of the case it appears to the Board—

(a) unreasonable that he should be granted representation under this Part, or

(b) more appropriate that he should be given assistance by way of representation under Part III;

and regulations may prescribe the criteria for determining any questions arising under paragraph (b) above.

(4) Representation under this Part may be granted by the Board with or without limitations and may be amended, withdrawn or revoked.

(5) Where the case is one in which the Board has power to secure the provision of representation under this Part by means of contracts with other persons, the grant of representation under this Part may be limited under subsection (4) above as regards the persons who may represent the legally assisted person to representation only in pursuance of a contract made with the Board.

(6) Except in so far as he is required under section 16 to make a contribution, a legally assisted person shall not be required to make any payment in respect of representation under this Part and it shall be for the Board to pay his solicitor for acting for him and to pay any fees of counsel for so acting.

(7) The Board’s obligation under subsection (6) above is—

(a) in the case of representation provided in pursuance of a contract between the Board and the legally assisted person’s solicitor, to make such payments as are due under the contract; and

(b) in the case of representation provided otherwise than in pursuance of such a contract, to make such payments as are authorised by regulations.

(8) Nothing in subsection (6) above affects the duty of the solicitor to pay in the first instance expenses incurred in connection with the proceedings that would ordinarily be paid in the first instance by a person’s solicitor.