Gambling Act 2005

148 Legal assistance E+W+S

(1) The Lord Chancellor may by regulations establish a scheme for the provision of legal assistance to appellants to the Tribunal.

(2) Regulations under subsection (1) may, in particular—

(a) specify the kinds of assistance that may be provided;

(b) specify the classes of person by whom assistance may be provided;

F1 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) enable the Tribunal to determine eligibility for assistance by reference to criteria specified in the regulations;

(f) make provision for an appeal against refusal of assistance;

(g) enable assistance to be granted subject to conditions or restrictions imposed by the Tribunal (which may, in particular, include conditions requiring—

(i) a person receiving assistance to contribute towards its cost;

(ii) a person who received assistance to defray all or part of its cost in specified circumstances);

(h) enable the Tribunal to vary or revoke a decision that assistance should be provided;

(i) include provision for enforcement of a duty of payment arising under the regulations (which may, in particular, confer jurisdiction on a court).

(3) Regulations under subsection (1) may, in particular, apply generally or only—

(a) in relation to specified kinds of appeal;

(b) in specified circumstances.

(4) The Lord Chancellor shall defray the costs of assistance provided under the scheme (subject to subsection (2)(g)).

(5) Regulations under this section shall have no effect in relation to proceedings heard or to be heard by the Tribunal sitting in Scotland.

Textual Amendments

F1 S. 148(2)(c)(d) omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 101 (with Sch. 5)

Commencement Information

I1 S. 148 in force at 1.1.2007 by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)