PART 2 N.I.COMMON PROVISIONS

CertificatesN.I.

15.—(1) Any document purporting to be a certificate issued in accordance with these Regulations shall, until the contrary is proved, be deemed to be a valid certificate issued to the individual named on the certificate.

(2) The Director may grant an application for a certificate in whole or in part and may impose such conditions or limitations as to the conduct of proceedings as the Director considers appropriate.

(3) A certificate issued in accordance with these Regulations shall specify any limitation or condition to which the certificate is subject.

(4) Where an individual applies for a certificate in a representative, fiduciary or official capacity and it appears to the Director that in the circumstances the court would, if proceedings were to be brought, order the costs of the proceedings to be paid out of any property, estate or fund, the Director shall not grant the application, unless it appears that the property, estate or fund would be so diminished or exhausted by that order as to cause hardship to any individual beneficially interested.

(5) Where an application is made by or on behalf of an individual in connection with proceedings in which numerous individuals have the same interest and in which one or more individuals may sue or be sued, or may be authorised by a court to defend any such proceedings on behalf of or for the benefit of all individuals so interested, the Director shall refuse the application if satisfied—

(a)that such refusal would not seriously prejudice the rights of the applicant; or

(b)that it would be reasonable and proper for the other individuals having the same interest in the matter as the applicant to defray so much of the costs as would be payable by the Department in respect of the proceedings if a certificate were issued.

(6) The Director shall not refuse an application under paragraph (5) until the applicant has been permitted to make written representations as to why the application should not be refused.

(7) Where an application is made by or on behalf of an individual who has the right to be joined in one action as plaintiff with others in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist, whether jointly, severally or in the alternative, because, if those individuals brought separate proceedings, a common question of law or fact would arise, the Director may issue a certificate limited to such proceedings as may be necessary to preserve the applicant's right to relief.

(8) No certificate shall relate to proceedings (other than interlocutory appeals) both in a court of first instance and in an appellate court or to proceedings in more than one appellate court.

(9) Each certificate shall relate to only one set of proceedings except where—

(a)the certificate relates to family proceedings; or

(b)the Director considers that two or more sets of proceedings are so closely related that they should be covered under a single certificate.

(10) Without prejudice to regulation 19 of the Financial Regulations, the Director shall not require [F1a re-determination of] an applicant's disposable income or capital in circumstances in which an application for a certificate is made relating to proceedings—

(a)(other than interlocutory proceedings) in an appellate court in any proceedings in which the applicant was an assisted party in the court below; or

(b)by way of a new trial ordered by an appellate court before whom the applicant was an assisted party.

(11) In this regulation, “family proceedings” means proceedings which arise out of family relationships, including proceedings in which the welfare of children is determined, other than judicial review or quasi criminal proceedings.

Textual Amendments