PART IIAPPLICATIONS FOR LEGAL AID

Proceedings in the Court of Appeal or the House of Lords22

1

An application for a legal aid order in respect of proceedings in the Court of Appeal or the House of Lords may be made–

a

orally to the Court of Appeal, to a judge of the court or the registrar, or

b

by giving written notice of the application to the registrar in such form as he may direct.

2

Where an application for a legal aid order is made orally to the Court of Appeal, the court may refer it to a judge of the court or the registrar for determination; and, where such an application is made orally to a judge of the court, he may refer it to the registrar for determination.

3

Where a judge of the court refuses to make a legal aid order, the applicant may renew his application to the Court of Appeal.

4

The registrar considering an application for a legal aid order shall–

a

make an order; or

b

refer the application to the Court of Appeal or to a judge of the court.

5

A legal aid order shall not be made until–

a

a notice of appeal or application for leave to appeal to the Court of Appeal or the House of Lords, as the case may be, has been given, and

b

except where the applicant is not required under regulation 23(4) to furnish a statement of means, the Court of Appeal, a judge of the court or the registrar has considered the applicant’s statement of means.

6

In making a legal aid order in respect of proceedings in the Court of Appeal, the court, a judge of the court or the registrar may specify the stage of the proceedings at which legal aid shall commence.

7

Subject to the provisions of this regulation, the powers of the Court of Appeal to determine an application for a legal aid order may be exercised by a judge of the court or the registrar.

8

The powers of the Court of Appeal to revoke a legal aid order may be exercised by a judge of the court or, where the legally assisted person applies for the order to be revoked, by the registrar.