Access to Justice Act 1999

15 Selection of representative. E+W

(1) An individual who has been granted [F1 , or provisionally granted,] a right to representation in accordance with Schedule 3 may select any representative or representatives willing to act for him; and, where he does so, the Commission is to comply with the duty imposed by section 14(1) by funding representation by the selected representative or representatives.

(2) Regulations may provide that in prescribed circumstances—

(a) the right conferred by subsection (1) is not to apply in cases of prescribed descriptions,

(b) an individual who has been provided with advice or assistance funded by the Commission under section 13 by a person whom he chose to provide it for him is to be taken to have selected that person as his representative pursuant to that right,

(c) that right is not to include a right to select a representative of a prescribed description,

(d) that right is to select only a representative of a prescribed description,

(e) that right is to select not more than a prescribed number of representatives to act at any one time, and

(f) that right is not to include a right to select a representative in place of a representative previously selected.

(3) Regulations under subsection (2)(b) may prescribe circumstances in which an individual is to be taken to have chosen a person to provide advice or assistance for him.

(4) Regulations under subsection (2) may not provide that only a person employed by the Commission, or by a body established and maintained by the Commission, may be selected.

(5) Regulations may provide that in prescribed circumstances the Commission is not required to fund, or to continue to fund, representation for an individual by a particular representative (but such provision shall not prejudice any right of the individual to select another representative).

(6) The circumstances which may be prescribed by regulations under subsection (2) or (5) include that a determination has been made by a prescribed body or person.

Textual Amendments

F1 Words in s. 15(1) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 56(3), 153; S.I. 2008/1586, art. 2, Sch. 1