Church of England (Legal Aid) Rules 1988

JurisdictionUK Non-devolved
CitationSI 1988/1175

1988No. 1175

ECCLESIASTICAL LAW, ENGLAND

Church of England (Legal Aid) Rules 1988

6thJuly1988

8thJuly1988

1stAugust1988

ARRANGEMENT OF RULES

PART I

Preliminary

1. Citation and commencement

2. Revocation

3. Interpretation

PART II

Additional proceedings for which legal aid may be granted

4. Appeals against revocation of licences

PART III

General provisions

5. Meetings of Commission

6. Service of notices etc.

7. Notification of issue, amendment, discharge or revocation of certificate

PART IV

Applications for legal aid and issue of certificates

8. Applications for legal aid

9. Provision of additional information

10. Interim certificates

11. Determination of applications for legal aid

12. Issue and contents of certificates

13. Contribution by assisted person

PART V

Amendment, discharge and revocation of certificates

14. Power to amend certificates

15. Power to discharge or revoke certificates

16. Effect of amendment, discharge or revocation on costs already incurred

PART VI

Conduct of proceedings

17. Notification of changes in circumstances

18. Abuse of legal aid

19. Provision of further information

20. Privilege etc. not to prevent disclosure

PART VIII

Costs

21. Authority to incur costs

22. Orders and agreements as to assisted persons' costs etc.

23. Costs for legal aid to be taxed or assessed

24. Orders for taxation or for payment of taxed etc. costs

25. Taxation of costs

26. Assessment of costs

In exercise of the powers conferred on it by sections 3(3) and 4 of the Church of England (Legal Aid and Miscellaneous Provisions) Measure 1988 ( a) the Standing Committee of the General Synod of the Church of England hereby makes the following Rules:

PART I

PRELIMINARY

Citation and commencement

1. These Rules may be cited as the Church of England (Legal Aid) Rules 1988 and shall come into force on the first day of August 1988.

Revocation

2. The Ecclesiastical Jurisdiction (Legal Aid) Rules 1964 made under section 59 of the Ecclesiastical Jurisdiction Measure 1963 ( b)and the Vacation of Benefices (Legal Aid) Rules 1978 ( c) are hereby revoked.

Interpretation

3.-(1) In these Rules-

"applicant" means an applicant for legal aid;

"assisted person" means a person in respect of whom a certificate is in force and-

(a) for the purposes of rules 22 to 26 in their application to costs incurred before notice of the discharge of a certificate is received by the solicitor, includes the person in respect of whom that certificate was issued, and(b) for the purposes of rules 23 to 26 in their application to costs incurred before notice of the revocation of a certificate is received by the solicitor, includes the person in respect of whom that certificate was issued.

"certificate" , except in rule 10, means a certificate issued by the Commission;

"the Commission" means the Legal Aid Commission appointed in accordance with section 1(2) of the Measure;

"costs" includes fees, charges, disbursements, expenses and remuneration;

"the Fund" means the Legal Aid Fund maintained by the General Synod in accordance with section 1(1) of the Measure;

"legal aid" has the meaning assigned to it by section 2(2) of the Measure;

"the Measure" means the Church of England (Legal Aid and Miscellaneous Provisions) Measure 1988;

"the secretary" means the secretary to the Commission;

"tribunal" means any court, commission, committee, archbishop, bishop, examiner or other tribunal or body in or before whom or which any proceedings mentioned in the first column of Schedule 1 to the Measure (as amended by rule 4) have been or are proposed to be taken.

(2) The Interpretation Measure 1925 ( d) and the Interpretation Act 1978 ( e) shall apply for the interpretation of these Rules as they apply for the interpretation of Measures passed by the General Synod.

(a) 1988 No. 1.

(b) 1963 No. 1.

(c) S.I. 1978/951.

(d) 1925 No. 1.

(e) 1978 c.30.

PART II

ADDITIONAL PROCEEDINGS FOR WHICH LEGAL AID MAY BE GRANTED

Appeals against revocation of licences

4. In Schedule 1 to the Measure there shall be added at the end the following entry-

"5. Proceedings on an appeal under section 7 of this Measure against revocation of a licence granted to a minister, deaconess, lay worker or stipendiary reader. "

The appellant."

PART III

GENERAL PROVISIONS

Meetings of Commission

5. The quorum for meetings of the Commission shall be five members, except that in the case of a meeting held for the purposes of the taxation or assessment of costs under Part VII the quorum shall be three.

Services of notices etc.

6.-(1) Any notice required to be served on or sent to any person under these Rules shall be served or sent either-

(a) by delivering it to him; or(b) by sending it by post to his last known address,

and any other document required by these Rules to be sent to any person shall be sent by post to his last known address.

(2) Any application or other document required by these Rules to be lodged with the secretary shall be so lodged at the office of the Secretary-General of the General Synod.

Notification of issue, amendment, discharge or revocation of certificate

7. Where any certificate or any notice of the amendment, discharge or revocation of a certificate is sent to any solicitor in accordance with rule 12, 14 or 15 the solicitor shall-

(a) send a copy of the certificate or notice to any other party to the proceedings or his solicitor and to any other person who subsequently becomes a party to the proceedings or his solicitor; and(b) lodge a copy of the certificate or notice with the registrar of the tribunal before which the proceedings to which the certificate relates have been or are proposed to be taken (or, if there is no such registrar, with the tribunal).

PART IV

APPLICATIONS FOR LEGAL AID AND ISSUE OF CERTIFICATES

Applications for legal aid

8.-(1) An application for legal aid-

(a) shall be made in writing on a form approved by the Commission or in such other manner, being in writing, as the secretary may accept as sufficient in the circumstances of the case; and(b) shall be lodged with the secretary.

(2) Every application for legal aid shall state the name and address of the solicitor selected by the applicant to act for him in the proceedings concerned, and shall also contain such information and be accompanied by such documents as may be requisite to enable the Commission to determine-

(a) the nature of the proceedings to which the application relates,(b) whether the applicant could afford to proceed without legal aid; and(c) (except in the case of an application mentioned in rule 11(2)) whether the applicant has reasonable grounds for taking or defending or being a party to the proceedings.

(3) Any application for legal aid shall contain an undertaking made by the applicant that he will comply with the provisions of the Measure which relate to legal aid and with these Rules, and any such undertaking shall be made on a form approved by the Commission, or in such other manner, being in writing, as the secretary may accept as sufficient in the circumstances of the case.

Provision of additional information

9. An applicant shall, if required by the secretary or the Commission to do so for the purpose of providing additional information-

(a) attend for interview by the secretary or the Commission;(b) supply such further documents or other information as the secretary or the Commission may require.

Interim certificates

10.-(1) The Commission may authorise the secretary to grant an interim certificate for legal aid in any case in which the secretary on receiving an application under rule 8 considers that it is in the interests of justice that the applicant should be granted legal aid in respect of the whole or part of costs to be incurred during the period between the issue of the certificate by the secretary and the determination of the application by the Commission.

(2) An interim certificate may be issued only in respect of costs incurred in connection with proceedings not actually begun and only for an amount not exceeding such sum as the Commission may from time to time authorise.

Determination of applications for legal aid

11.-(1) Without prejudice to section 2(4) of the...

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