Part 7Operating and Personal Licences: Appeals

I1148Legal assistance

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;

F1c

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F1d

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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.