On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 01/07/2007.
14.
—(1) Subject to paragraph (9), all moneys payable to an aided person —
(a)
by virtue of any agreement or order made in connection with the action, cause or matter to which his legal aid certificate relates, whether the agreement be made before or after proceedings are actually begun;
(b)
being moneys paid into court by him or on his behalf and ordered to be repaid to him; or
(c)
being moneys standing in a court to the credit of any proceedings to which his certificate relates,
shall be paid or repaid, as the case may be, to the Director and no other person shall be capable of giving a good discharge for moneys so payable.
(2) Upon receipt of moneys paid to him by virtue of this regulation, the Director shall —
(a)
pay to the Fund or the aided person’s solicitor, as the case may be, the costs of the proceedings as determined by virtue of regulation 16; and
(b)
pay any other moneys to the aided person.
(3) Where in any proceedings to which an aided person is a party —
(a)
an order or agreement is made providing for the recovery or preservation of property for the benefit of the aided person and, by virtue of the Act, there is a first charge on the property for the benefit of the Fund; or
(b)
an order or agreement is made for the payment of costs to the aided person,
the aided person shall, subject to paragraph (4), take such proceedings, being proceedings which may be taken under section 5 of the Act, as may be necessary to enforce or give effect to the order or agreement.
(4) Any aided person may apply to the Director for a direction that paragraph (3) shall not apply to him on the ground that, having regard to the probable cost of any proceedings referred to or to the likelihood of their being successful, it would be unreasonable to take them and, if the Director agrees, he shall direct that the proceedings be not taken and shall amend the aided person’s certificate so as to exclude such proceedings therefrom.
(5) The power conferred on the Director by paragraph (4) may be exercised without an application being made by an aided person.
(6) Where the Director, having directed that proceedings be not taken by the aided person, is of the opinion that it is expedient to do so, he may enforce any order for the payment of money by the issue in his name of a judgment debtor summons in a court.
(7) Upon receipt of moneys paid to him by virtue of this regulation, the Director shall retain —
(a)
any sum paid by virtue of an order or agreement for costs made in the aided person’s favour;
(b)
a sum equal to the amount (if any) by which any property recovered or preserved is charged for the benefit of the Fund by virtue of section 9(3) of the Act (which provides that any sum remaining unpaid on account of an aided person’s contribution and, if the total contribution is less than the net liability of the Director on his account, a sum equal to the deficiency shall be a first charge on any property recovered or preserved in the proceedings); and
(c)
any costs of proceedings taken by the Director under paragraph (6) in so far as such costs have not been recovered from the person against whom the proceedings have been taken,
and shall pay the balance to the aided person.
(8) The Director may defer the payment to an aided person’s solicitor of his costs in connection with the proceedings until he has, in his opinion, given effect to this regulation.
(9) This regulation shall not apply to moneys payable under sections 68, 69 and 70, or Chapters 4 and 5 of Part X of the Women’s Charter (Cap.353), and for the purpose of section 9(3) of the Act, “property” shall not be taken as including any moneys so payable.
(10) Where a certificate relates to a matrimonial cause and an application under section 59 of the Women’s Charter is made in that cause, the Director may, if he thinks fit, treat the application as a separate proceeding for the purpose of section 9(3) of the Act.
[S 309/2007 wef 01/07/2007]