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Legal Aid Act 1988

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Changes over time for: Section 9

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Version Superseded: 11/03/1991

Status:

Point in time view as at 01/02/1991. This version of this provision has been superseded. Help about Status

Changes to legislation:

Legal Aid Act 1988, Section 9 is up to date with all changes known to be in force on or before 07 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

9 Availability of, and payment for, advice and assistance.E+W

(1)Advice and assistance to which this Part applies shall be available to any person whose financial resources are such as, under regulations, make him eligible for advice or assistance under this Part.

(2)If regulations so provide, advice or assistance to which this Part applies shall be available, in prescribed circumstances and subject to any prescribed conditions, to persons without reference to their financial resources.

(3)Subject to any prescribed exceptions, assistance by way of representation under this Part shall not be given without the approval of the Board.

(4)Approval under subsection (3) above may be given with or without limitations and may be amended, withdrawn or revoked.

(5)Except as provided by subsection (6) or (7) below, the legally assisted person shall not be required to pay to his [F1solicitor][F1legal representative]any charge or fee.

(6)Except as provided by subsection (7) below, a legally assisted person shall, if his financial resources are such as, under regulations, make him liable to make a contribution, be liable to pay to his [F1solicitor][F1legal representative], in respect of the advice or assistance, charges or fees of such amount as is determined or fixed by or under the regulations.

(7)A legally assisted person to whom advice or assistance is made available by virtue of regulations under subsection (2) above shall, in circumstances prescribed by the regulations and, if the regulations apply only to persons of a prescribed description, he is a person of that description, be liable to pay to his [F1solicitor][F1legal representative], in respect of the advice or assistance, a fee of such amount as is fixed by or under the regulations (in lieu of a contribution under subsection (6) above).

Textual Amendments

F1Words “legal representative ” substituted (prosp.) for “solicitor ” by Courts and Legal Services Act 1990 (c. 41, SIF 37), ss. 124(3), 125(3), Sch. 18 para. 63(4)

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