11.—(1) The resources of a person’s spouse are not to be treated as the person’s resources if—
(a)the spouse has a contrary interest in the matter in respect of which application for children’s legal aid is made; or
(b)the Board is satisfied that the person and the spouse are living separate and apart.
(2) For the purposes of section 42 of the Act, two persons living together as husband and wife or in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex are to be treated as if they were spouses of each other.