Subject to paragraph (2), a tribunal may require any party to the proceedings to reimburse any other party to the proceedings the whole or part of any fees paid by him in respect of the proceedings.

A tribunal shall not require a party to make such reimbursement if, at the time the tribunal is considering making such a requirement, the tribunal is satisfied that the party is in receipt of any of the benefits or the allowance referred to in article 5(1) or a legal aid certificate within article 5(1)(c).