Enforcement of Court Orders Act 1940
F14[Entitlement to legal aid.
6A.— (1) If it appears to a judge of the District Court in proceedings on a summons under section 6 that the means of a debtor are insufficient to enable him or her to obtain legal aid, the judge shall, on application being made by the debtor in that behalf, grant to the debtor—
(a) a certificate for free legal aid (in this section referred to as a "debtor’s legal aid certificate"),
(b) where the debtor appeals an order for his or her imprisonment made under section (7)(c) or (d) and applies to the judge for legal aid in connection with the appeal, a certificate for free legal aid in respect of the appeal (in this section referred to as a "debtor’s legal aid (appeal) certificate"), or
(c) where the judge refers a question of law arising in the proceedings to the High Court by way of case stated or states a case in relation to the proceedings for the opinion of the High Court and the debtor applies to the judge for legal aid in connection with that reference or case stated, a certificate for free legal aid in respect of the reference or case stated (in this section referred to as a "debtor’s legal aid (case stated) certificate").
(2) (a) Where a certificate has been granted under subsection (1) the debtor concerned shall be entitled to legal aid and to have legal representation assigned to him or her for that purpose.
(b) Where a debtor, in respect of whom an order for imprisonment is made, is refused a debtor’s legal aid (appeal) certificate, he or she may apply for the certificate to the court to which an appeal from imprisonment lies either—
(i) by letter addressed to the registrar of that court setting out the facts of the case and the grounds of the application, or
(ii) to the court itself.
(3) The Criminal Justice (Legal Aid) Act 1962 and regulations made under section 10 of that Act shall, where appropriate and with such modifications as may be necessary, apply to a certificate granted under subsection (1) and to such legal aid.
(4) The Minister may make regulations as are necessary for the purpose of this section to prescribe all or any of the following:
(a) the form of debtor’s legal aid certificates,
(b) the rate of payment of any fee, costs or other expenses payable,
(c) the manner in which legal representatives may be assigned pursuant to such certificates, or
(d) anything that by this Act is required or permitted to be prescribed.]
Annotations
Amendments:
F14
Inserted (14.07.2009) by Enforcement Of Court Orders (Amendment) Act 2009 (21/2009), s. 2(1), commenced on enactment.
F15
Repealed by Civil Debt (Procedures) Act 2015 (28/2015), s. 26(2), not commenced as of date of revision, subject to transitional provision in subs. (4).
Modifications (not altering text):
C6
Prospective amending provision: section repealed by Civil Debt (Procedures) Act 2015 (28/2015), s. 26(2), not commenced as of date of revision, subject to transitional provision in s. 26(4).
6A. F15[…]
Editorial Notes:
E8
Power pursuant to subs. (4) exercised (1.01.2024 deemed, 1.01.2025) by Enforcement of Court Orders (Legal Aid) (Amendment) Regulations 2024 (S.I. No. 743 of 2024), in effect as per regs. 3(2), 4(2).
E9
Power pursuant to subs. (4) exercised (13.07.2011) by Enforcement of Court Orders (Legal Aid) (Amendment) Regulations 2011 (S.I. No. 363 of 2011), in effect as per reg. 1(2).
E10
Power pursuant to subs. (4) exercised (1.04.2010) by Enforcement of Court Orders (Legal Aid) (Amendment) Regulations 2010 (S.I. No. 137 of 2010), in effect as per reg. 1(2).
E11
Power pursuant to subss. (3), (4) exercised (23.07.2009) by Enforcement of Court Orders (Legal Aid) Regulations 2009 (S.I. No. 301 of 2009).