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The Legal Advice and Assistance Regulations 1989

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Applications for advice and assistance

9.—(1) An application for advice and assistance to which this regulation applies shall be made in accordance with its provisions to the solicitor from whom the advice and assistance is sought.

(2) This regulation applies to all advice and assistance except–

(a)advice or assistance given under regulation 6 or 8; and

(b)ABWOR given under regulation 7, or to which Part III of the Act applies by virtue of regulation 7(1)(c) of the Scope Regulations (warrants of further detention).

(3) Subject to regulations 10 and 15, the application under paragraph (1) shall be made by the client in person.

(4) Where a client makes an application under paragraph (1) he shall provide the solicitor with the information necessary to enable the solicitor to determine–

(a)his disposable capital;

(b)where appropriate, whether he is in receipt of income support or family credit, and

(c)where he is not in receipt of income support or family credit, his disposable income.

(5) Where an application under paragraph (1) is for advice or assistance relating to the making of a will, the client shall provide the solicitor with the information necessary to enable the solicitor to determine whether the advice or assistance would fall within regulation 4(2) of the Scope Regulations.

(6) The information required by this regulation shall be furnished on a form approved by the Board.

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