Civil Legal Aid Act 1995

Regulations.

37

37.(1) The Minister may make such regulations as are necessary for the purpose of giving effect to this Act.

(2) Without prejudice to the generality of subsection (1), regulations under this section may—

(a) make provision as to the manner of making applications for legal aid or advice under this Act, the consideration and processing of such applications by the Board, the grant of legal advice and the cesser of the grant thereof by the Board and the issue, amendment and revocation of legal aid certificates by the Board (including the issue of emergency certificates);

(b) prescribe the maximum amount of disposable income which a person is entitled to earn and the maximum amount of disposable capital which a person is entitled to possess in order that he or she may be eligible to obtain legal aid or advice;

(c) make provision for the assessment by the Board or its staff of the means, income, disposable income, capital and disposable capital of applicants, the contributions payable by applicants, the waiving of contributions and the acceptance of lower contributions from applicants;

(d) make provision as to the information to be furnished by a person applying for or in receipt of legal aid or advice;

(e) make provision for the establishment, location and management of law centres by the Board;

(f) make provision as to the cases or the circumstances in which an applicant may be refused legal aid or advice by the Board and for the review of decisions by the Board on appeals therefrom;

F49[(fa) make provision as to the conditions relating to the provision of family mediation services by the Board;

(fb) prescribe fees or charges which may be charged by the Board in relation to the provision of family mediation services, which regulations may prescribe different fees or charges in relation to different classes of persons or different classes of cases;]

F50[(fc) make provision for the mechanism for recovery of the costs referred to in section 33(7A);]

F51[(fd) make provision for the mechanism for recovery of the costs referred to in section 33(7B);]

(g) make provision as to the duties of solicitors of the Board;

(h) make provision as to the refund of costs to persons in receipt of legal aid or advice;

(i) prescribe the conditions under which legal aid and advice shall be available;

(j) make provision for such other matters arising by virtue of this Act as the Minister considers appropriate.

F49[(3) Regulations made pursuant to subsection (2)(fb) shall not prescribe fees or charges in relation to the provision of family mediation services where the parties to the mediation had agreed to enter such mediation before the coming into operation of section 50 of the Civil Law (Miscellaneous Provisions) Act 2011.]

Annotations

Amendments:

F49

Inserted (1.11.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 54(e)(i), (ii), S.I. No. 539 of 2011.

F50

Inserted (26.04.2023) by Assisted Decision-Making (Capacity) Act 2015 (64/2015), s. 52(f), S.I. No. 192 of 2023, S.I. No. 193 of 2023.

F51

Inserted by Assisted Decision-Making (Capacity) Act 2015 (64/2015), s. 57A(e), as inserted (26.04.2023) by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 48, S.I. No. 194 of 2023.

Editorial Notes:

E10

Power pursuant to section exercised (18.05.2021) by Civil Legal Aid Regulations 2021 (S.I. No. 248 of 2021).

E11

Power pursuant to section exercised (1.01.2018) by Civil Legal Aid Regulations 2017 (S.I. No. 626 of 2017), in effect as per reg. 2.

E12

Power pursuant to section exercised (23.05.2016) by Civil Legal Aid Regulations 2016 (S.I. No. 272 of 2016), in effect as per reg. 2.

E13

Power pursuant to section exercised (16.09.2013) by Civil Legal Aid Regulations 2013 (S.I. No. 346 of 2013), in effect as per reg. 1(3).

E14

Power pursuant to section exercised (1.09.2006) by Civil Legal Aid Regulations 2006 (S.I. No. 460 of 2006), in effect as per reg. 1(3).

E15

Power pursuant to section exercised (16.01.2002) by Civil Legal Aid Regulations 2002 (S.I. No. 8 of 2002).

E16

Power pursuant to section exercised (11.10.1996) by Civil Legal Aid Regulations 1996 (S.I. No. 273 of 1996), in effect as per reg. 2.