Legal Aid Act 1986

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AT 23 of 1986

LEGAL AID ACT 1986

Legal Aid Act 1986 Index


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c i e
LEGAL AID ACT 1986

Index Section Page

PART I – CIVIL LEGAL AID AND LEGAL ADVICE AND

ASSISTANCE 5

Civil legal aid 5

1 Scope of legal aid ............................................................................................................ 5
2 Extent of, and eligibility for, legal aid .......................................................................... 6
3 Financial conditions of legal aid ................................................................................... 6
4 Funding of legal aid........................................................................................................ 7
5 Remuneration of persons giving legal aid .................................................................. 8
6 Award of costs to unassisted party .............................................................................. 8
Legal advice and assistance 10

7 Persons eligible for advice and assistance ................................................................. 10
8 Scope and conditions of advice and assistance ........................................................ 10
9 Financial limit on prospective cost ............................................................................. 11
10 Contributions................................................................................................................. 11
11 Payment of charges ...................................................................................................... 11
Miscellaneous and supplemental 12

12 Assessment of resources .............................................................................................. 12
13 Advocates....................................................................................................................... 12
14 Secrecy ............................................................................................................................ 13
15 Rights of indemnity ...................................................................................................... 14
16 Regulations .................................................................................................................... 15
17 Interpretation of Part I ................................................................................................. 17
PART II – CRIMINAL LEGAL AID 17

18 Legal aid in criminal proceedings .............................................................................. 17
18A Contributions................................................................................................................. 18
19 Payment of costs ........................................................................................................... 18
20 Regulations .................................................................................................................... 19
21 Duty advocate scheme ................................................................................................. 20
Index Legal Aid Act 1986


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PART III – MISCELLANEOUS AND SUPPLEMENTAL 21

22 Misrepresentation etc ................................................................................................... 21
23 Legal Aid Committee ................................................................................................... 21
23A Legal Aid Appeals Tribunal ....................................................................................... 22
24 Regulations: general ..................................................................................................... 22
25 [Repealed] ...................................................................................................................... 22
26 Financial provision ....................................................................................................... 22
27 General interpretation ................................................................................................. 23
28 Application to the Crown ............................................................................................ 23
29 Transitional provisions ................................................................................................ 23
30 Short title and commencement ................................................................................... 24
SCHEDULE 1 25

PROCEEDINGS FOR WHICH CIVIL LEGAL AID MAY BE GIVEN 25
SCHEDULE 2 26

REMUNERATION OF PERSONS GIVING CIVIL LEGAL AID 26
SCHEDULE 3 27

CRIMINAL LEGAL AID 27
SCHEDULE 3A 29

CONTRIBUTIONS TOWARDS CRIMINAL LEGAL AID 29
SCHEDULE 4 32

SCHEDULE 5 32

ENDNOTES 33

TABLE OF LEGISLATION HISTORY 33
TABLE OF RENUMBERED PROVISIONS 33
TABLE OF ENDNOTE REFERENCES 33

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c i e
LEGAL AID ACT 1986

Received Royal Assent: 13 June 1986
Passed: 17 June 1986
Commenced: See endnotes
AN ACT
to re-enact the Legal Aid (Isle of Man) Act 1973 as amended; to make
new provision for legal advice or assistance to persons of small means; to repeal
and replace the enactments relating to criminal legal aid; and for connected
purposes.
GENERAL NOTE:
The maximum fines in this Act are as increased by the Criminal
Justice (Penalties, Etc.) Act 1993 s 1.
PART I – CIVIL LEGAL AID AND LEGAL ADVICE AND

ASSISTANCE

Civil legal aid
1 Scope of legal aid

[1973/8/1; 1986/6/1/12]
(1) Subject to the provisions of this Act, legal aid in connection with
proceedings in any court, not being proceedings in which legal aid may
be given under Part II, shall be available under this Part to any person.
(2) Nothing in subsection (1) prevents legal aid being given under this Part
to a person in proceedings in which legal aid may be given under Part II,
where the status of that person in those proceedings is not such as to
entitle him to legal aid under that Part.1

(3) Subject to the provisions of this Act, legal aid is also available under this
Part in relation to mediation whenever it is available in connection with
proceedings.2

(4) Where legal aid is given for mediation it is not to be available in
connection with proceedings in relation to the same matter during the
currency of the mediation process.3

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2 Extent of, and eligibility for, legal aid
4

[1973/8/2]
(1) Unless and until regulations otherwise provide, the proceedings in
connection with which legal aid may be given under this Part are any
proceedings of a description mentioned in Part I of Schedule 1, except
proceedings mentioned in Part II of that Schedule.
(2) Subject to the provisions of this section, the proceedings in connection
with which legal aid may be given may be varied by regulations, and the
regulations may describe the proceedings to be included or excluded by
reference to the court, to the issues involved, to the capacity in which the
person requiring legal aid is concerned, or otherwise.
(3) Legal aid shall consist of representation, on the terms provided for by
this Part, by an advocate, and shall include all such assistance as is
usually given by an advocate in the steps preliminary or incidental to
any proceedings or in arriving at or giving effect to a compromise to
avoid or bring to an end any proceedings.
(4) A person must not be given legal aid in connection with any proceedings
—
(a) if the person fails to show reasonable grounds for taking,
defending or being party to the proceedings;
(b) if it appears unreasonable that the person should receive it in the
particular circumstances; or
(c) if the person fails to meet the financial conditions described in
section 3(1).5

(5) Save as expressly provided by this Part or by regulations made
thereunder —
(a) the fact that the services of an advocate are given by way of legal
aid shall not affect the relationship between advocate and client or
any privilege arising out of such relationship; and
(b) the rights conferred by this Part on a person receiving legal aid
shall not affect the rights or liabilities of other parties to the
proceedings or the principles on which the discretion of any court
is normally exercised.
3 Financial conditions of legal aid

[1973/8/3]
(1) Subject to the provisions of this Part, legal aid under this Part shall be
available for any person —
(a) whose financial resources do not exceed such figure as may be
prescribed; or
(b) who is (directly or indirectly) in receipt of such social security
benefits as may be prescribed.6

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(1A) For the purposes of proceedings relating to the lawfulness of a person’s
detention under the Mental Health Act 1998, that person’s resources shall
be ignored.7

(2) Where a person receives legal aid in connection with any proceedings —
(a) the expenses incurred in connection with the proceedings, so far
as they would ordinarily be paid in the first instance by or on
behalf of the advocate acting for him, shall be so paid except in
the case of those paid by the Treasury as provided by this Part;
(b) his advocate shall not take any payment in respect of legal aid
except such payment as is directed by this Part to be made by the
Treasury;
(c) regulations under section 4 shall determine the extent, if any, of
the person’s financial contribution;8

(d) unless regulations provide otherwise any sums recovered by
virtue of an order or agreement for costs made in his favour with
respect to the proceedings shall be paid to the Treasury.9

(3) No order as to costs shall be made against an assisted party in respect of
proceedings, or part thereof, to which a legal aid certificate under this
Part relates.
4 Funding of legal aid

(1) Regulations shall provide for the funding of legal aid to be met in whole
or in part —
(a) by contributions made by assisted persons; or
(b) by some or all of the expenditure being by way of loans to be
repaid by assisted persons,
in accordance with the regulations.
(2) The regulations may in particular provide —
(a) for the recovery of unpaid contributions or outstanding loan
together with interest at the prescribed rate;
(b) that the amount of funding of legal aid (whether or not an amount
due by way of contribution or outstanding loan), and any
prescribed interest on it, is a first charge for the benefit of the
Treasury on any property recovered or preserved by the assisted
person (whether for the benefit of that person or another).
(3) The regulations may make such further provision about the funding of
legal aid as the Committee considers expedient.
(4) In this section —
(a) “assisted person” means a person who has received legal aid;
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(b) “property” means property of any nature and wherever situated
and includes any sums recovered by virtue of an order for costs;
(c) a reference to property recovered or preserved in proceedings
includes property recovered or preserved as a result of any
compromise or settlement of the proceedings.
(5) References in this section to the funding of legal aid are to the aggregate
amount of the sums paid or payable by the Treasury in respect of the
proceedings for which legal aid is granted to any advocate or to any
unassisted party that are not recovered by way of an order or agreement
for costs made in favour of the assisted person.10

5 Remuneration of persons giving legal aid

[1973/8/6(7)-(9)]
(1) Subject to the provisions of this Part, an advocate who has acted for a
person receiving legal aid under this Part shall be paid for so acting by
the Treasury.
(2) The sums payable under subsection (1) shall not exceed those prescribed
under Schedule 2.11

(3) Nothing in this section shall prejudice section 2(5)(b) and in particular
subsection (2) shall not affect the sums recoverable by virtue of an order
for costs made in favour of a person who has received legal aid or of an
agreement for costs so made which provides for taxation.
(4) No rule of law that limits the costs recoverable by a party to proceedings
to the amount which that party is liable to pay shall affect the entitlement
of a person receiving legal aid to costs on the same basis as if the person
were not receiving legal aid.12

6 Award of costs to unassisted party

[1973/8/7]
(1) Where a party receives legal aid under this Part in connection with any
proceedings between him and a party not receiving legal aid (in this Part
referred to as an “unassisted party”), and those proceedings are finally
decided in favour of the unassisted party, the court by which the
proceedings are so decided may, subject to the provisions of this section,
in the exercise of its discretion make an order for the payment to the
unassisted party by the Treasury of the costs incurred by him in those
proceedings.
(2) An order under this section shall not be made by any court in respect of
costs incurred by the unassisted party in any proceedings in which, apart
from this Part, no order would be made for the payment of his costs.
(3) In this section “costs” means costs as between party and party.
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(4) For the purposes of this section proceedings shall be treated as finally
decided in favour of the unassisted party —
(a) if no appeal lies against the decision in his favour;
(b) if an appeal lies against the decision with leave, and the time
limited for applications for leave expires without leave being
granted; or
(c) if leave to appeal against the decision is granted or is not required,
and no appeal is brought within the time limited for appeal;
and where an appeal against the decision is brought out of time, the
court by which the appeal (or any further appeal in those proceedings) is
determined may make an order for the repayment by the unassisted
party to the Treasury of the whole or any part of any sum previously
paid to him in respect of those proceedings under this section.
(5) Where a court decides any proceedings in favour of the unassisted party
and an appeal lies (with or without leave) against that decision, the court
may, if it thinks fit, make or refuse to make an order under this Part
forthwith, but any order so made shall not take effect —
(a) where leave to appeal is required, unless the time limited for
application for leave to appeal expires without leave being
granted;
(b) where leave to appeal is granted or is not required, unless the
time for appeal expires without an appeal being brought.
(6) Where a party begins to receive legal aid in connection with any
proceedings after those proceedings have been instituted or ceases to
receive legal aid before they are finally decided, or otherwise receives
legal aid in connection with part only of any proceedings, the reference
in subsection (1) to the costs incurred by the unassisted party in those
proceedings shall be construed as a reference to so much of those costs as
is attributable to that part.
(7) Regulations may make provision for —
(a) determining the proceedings which are or are not to be separate
proceedings for the purposes of this section;
(b) regulating the procedure to be followed in connection with orders
made under this section; and
(c) regulating the taxation, or otherwise, of costs ordered to be paid
under this section.
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Legal advice and assistance
7 Persons eligible for advice and assistance

[P1974/4/1]
Advice and assistance to which this section applies shall, subject to the
following provisions of this Part, be available in the Island for any person if —
(a) his financial resources do not exceed such figure as may be
prescribed; or
(b) he is (directly or indirectly) in receipt of such social security
benefits as may be prescribed.13

8 Scope and conditions of advice and assistance

[P1974/4/2]
(1) Subject to subsection (2) and to any prescribed exceptions or conditions,
section 7 applies to any oral or written advice given by an advocate —
(a) on the application of Manx law to any particular circumstances
which have arisen in relation to the person seeking the advice,
and
(b) as to any steps which that person might appropriately take
(whether by way of settling any claim, bringing or defending any
proceedings, making any agreement, will or other instrument or
transaction, obtaining further legal or other advice or assistance,
or otherwise) having regard to the application of Manx law to
those circumstances,
and applies to any assistance given by an advocate to any person taking
any such steps as are mentioned in paragraph (b), whether the assistance
is given by taking any such steps on his behalf or by assisting him in
taking them on his own behalf.
(2) Section 7 does not apply to any advice or assistance given to a person in
connection with any proceedings before a court at a time when there is in
force a legal aid certificate under this Part or Part II granted to or in
respect of him in connection with or for the purposes of those
proceedings.
(3) Except as expressly provided by this Part or by regulations —
(a) the fact that the services of an advocate are given by way of
advice or assistance shall not affect the relationship between or
the rights of advocate and client or any privilege arising out of
such relationship; and
(b) the rights conferred by this Part on a person receiving advice or
assistance shall not affect the rights and liabilities of other parties
to any proceedings or the principles on which the discretion of
any court or tribunal is normally exercised.
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9 Financial limit on prospective cost

[P1974/4/3]
(1) Where a person seeks or receives any advice or assistance, then if at any
time (whether before or after the advice or assistance has begun to be
given) it appears to the advocate from whom it is sought or received that
the cost of giving it is likely to exceed the prescribed limit, the
advocate —
(a) shall determine to what extent that advice or assistance can be
given without exceeding that limit; and
(b) shall not give it so as to exceed that limit except with the
approval, given in accordance with regulations, of such person or
body as may be prescribed.
(2) For the purposes of this section the cost of giving any advice or
assistance shall be taken to consist of such of the following as are
applicable in the circumstances —
(a) any expenses which may be incurred by the advocate or his firm
in, or in connection with, the giving of the advice or assistance;
(b) any charges or fees (not being charges in respect of such expenses
as are mentioned in paragraph (a)) which, apart from section 10,
would be properly chargeable by the advocate or his firm in
respect of the advice or assistance.
10 Contributions

[P1974/4/4]
(1) In respect of advice or assistance given to any person (in this section and
section 11 called “the client”) the client shall not, except in accordance
with this section, be required to pay any charge or fee.
(2) Where a client is eligible for advice and assistance under section 7,
subsection (1) shall not exempt him from liability to pay, in respect of the
advice or assistance, charges or fees up to, but not in the aggregate
exceeding, such amount as may be prescribed.14

11 Payment of charges

[P1974/4/5]
(1) This section applies to any charges or fees which, apart from section 10,
would be properly chargeable in respect of advice or assistance given to
a client, in so far as those charges or fees are not payable by the client in
accordance with that section.
(2) In this section “the advocate” means —
(a) in relation to any advice or assistance given by an advocate
employed by a firm of advocates and so given in the course of that
employment, that firm of advocates; and
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(b) in any other case, the advocate by whom any advice or assistance
is given.
(3) Except in so far as regulations otherwise provide, charges or fees to
which this section applies shall constitute a first charge for the benefit of
the advocate on any costs which (whether by virtue of a judgment or
order of a court or an agreement or otherwise) are payable to the client
by any other person in respect of the matter in connection with which the
advice or assistance is given.
(4) In so far as the charge created by subsection (3) in respect of any charges
or fees to which this section applies is insufficient to meet them, the
deficiency shall, subject to subsection (5), be payable by the Treasury.
(5) For the purpose of determining what charges or fees would be properly
chargeable as mentioned in subsection (1), and whether there is a
deficiency to be payable by the Treasury in accordance with
subsection (4), charges or fees in respect of advice or assistance given to a
client shall, in such circumstances as may be prescribed, be taxed or
assessed in such manner as may be prescribed.
Miscellaneous and supplemental
12 Assessment of resources

[1973/8/5]
(1) References in this Part to a person’s financial resources shall include
references to income or capital or both income and capital.
(2) Regulations may provide for the manner in which a person’s financial
resources are to be computed and in particular may provide for taking
into account fluctuations of such resources.
(3) The regulations shall include provision for securing that the financial
resources of a person seeking or receiving advice or assistance or legal
aid shall be treated as not including the subject matter of the dispute.
(4) Except in so far as the regulations otherwise provide, any financial
resources of a person’s spouse, civil partner or person living with that
person as if husband and wife or civil partner shall be treated for the
purposes of this section as that person’s resources, and the regulations
may also make provision, in relation to infants and other special cases,
for taking into account the financial resources of other persons.15

13 Advocates

[1973/8/6(1)-(6); 1976/27/2/4]
(1) A panel of advocates willing to give advice or assistance or to act for
persons receiving legal aid under this Part shall be prepared and
maintained in accordance with regulations.
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(2) Any practising advocate shall be entitled to have his name on the panel,
unless there is good reason for excluding him arising out of his conduct
when giving or selected to give advice or assistance, his conduct when
acting or selected to act for persons receiving legal aid or his professional
conduct generally.
(3) Any advocate given notice that he is to be excluded from the panel on
any of the grounds referred to in subsection (2) may require the matter to
be referred to the Council of the Isle of Man Law Society for inquiry in
accordance with rules made by that Council and approved by the
Advocates Acts Committee.
(4) No advocate shall be excluded from the panel until the report of an
inquiry referred to in subsection (3) has been received or, if no such
requirement is made, the time for the making thereof has expired.
(5) Regulations may prescribe the form of the notice, the manner and the
time within which any requirement made under subsection (3) shall be
made.
(6) Where a person is entitled to receive advice or assistance or legal aid
under this Part he shall be entitled to select the advocate from the panel
himself:
Provided that —
(a) this subsection shall not prejudice the rights of the advocate
where he has good reason to refuse or give up a case or entrust it
to another; and
(b) the advocate selected, if shown on the panel as a member of a
firm, shall act in the name of the firm.
14 Secrecy

[1973/8/12]
(1) Subject to subsection (2), no person shall disclose to any other person any
information supplied to him in connection with the case of a person
seeking or receiving advice or assistance or legal aid under this Part
otherwise than —
(a) for the purpose of facilitating the proper discharge of his
functions or duties under or in connection with this Part;
(b) for the purpose of any criminal proceedings for an offence
thereunder or of any report of such proceedings; or
(c) for the purpose of facilitating an inspection under the Audit Act
2006.16

(2) Subsection (1) shall not prevent the disclosure of information for any
purpose with the written consent of the person in connection with whose
case it was furnished and, where he did not furnish it himself, with that
of the person who did.17

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(3) A person who, in contravention of this section, discloses any information
obtained by him in the performance of his functions or duties under or in
connection with this Part shall be guilty of an offence and liable on
summary conviction to a fine not exceeding £1,000.
(4) Proceedings for an offence under this section shall not be brought
without the written consent of the Attorney General.
15 Rights of indemnity

[1973/8/14]
(1) This section shall have effect for the purpose of adapting in relation to
this Part any right (however and whenever created or arising) which a
person may have to be indemnified against expenses incurred by him.
(2) In determining for the purposes of any such right the reasonableness of
any expenses, the possibility of avoiding them or part of them by taking
advantage of this Part shall be disregarded.
(3) Where a person having any such right to be indemnified against
expenses incurred in connection with any proceedings receives advice or
assistance or legal aid under this Part in connection with those
proceedings, then (without prejudice to the effect of the indemnity in
relation to his contribution, if any, to the Treasury) the right shall inure
also for the benefit of the Treasury as if the expenses incurred by the
Treasury on behalf of the said person in connection with the proceeding
had been incurred by him.
(4) Where —
(a) a person’s right to be indemnified against expenses incurred in
connection with any proceedings arises by virtue of an agreement
and is subject to any express condition conferring on those liable
thereunder any right with respect to the bringing or conduct of
the proceedings; and
(b) those liable have been given a reasonable opportunity of
exercising the right so conferred and have not availed themselves
of that opportunity,
the right to be indemnified shall be treated for the purposes of
subsection (3) as not being subject to that condition.
(5) Nothing in subsections (3) and (4) shall be taken as depriving any person
or body of persons of the protection of any enactment or, save as
provided in subsection (4), as conferring any larger right to recover
money for the benefit of the Treasury in respect of any expenses than the
person receiving legal aid would have had if the expenses had been
incurred by him.
(6) Where under subsection (3) a person’s right to be indemnified against
expenses incurred in connection with any proceedings inures for the
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benefit of the Treasury, then for the purposes of section 4 the net liability
of the Treasury on his account shall be treated as reduced by the amount
of any sums recovered for the benefit of the Treasury by virtue of the
said right.
16 Regulations

[1973/8/9]
(1) The Legal Aid Committee (in this Act referred to as “the Committee”)
may make regulations as appear to it necessary or desirable for giving
effect to this Part, including matters relating to its administration, or for
preventing abuses thereof.
(2) Without prejudice to subsection (1) or to any other provision of this Part
authorising the making of regulations, regulations may —
(a) make provision as to the matters which are or are not to be treated
as distinct matters for the purpose of advice or assistance, as to
the proceedings which are or are not to be treated as distinct
proceedings for the purpose of legal aid under this Part, and as to
the apportionment of sums recoverable or recovered by virtue of
any order for costs made generally with respect to proceedings
treated as distinct;
(b) regulate the procedure of any court in relation to advice or
assistance or legal aid under this Part, and in particular make
provision —
(i) as to the taxation of costs in connection with proceedings
not actually begun; and
(ii) as to the cases in which and extent to which a person
receiving advice or assistance or legal aid may be required
to give security for costs, and the manner in which it may
be given;
(c) make provision for applications for advice or assistance or legal
aid under this Part including —
(i) by whom such an application may be made;
(ii) the appointment of a certifying officer, and other officers to
assist the certifying officer, to determine such applications
and to exercise such other functions as this Act or any
regulations made under this Act may confer;
(iii) the terms on which a certificate providing legal aid may be
granted; and
(iv) the information to be furnished by the person seeking or
receiving advice or assistance or legal aid and by the
advocate of such person;18

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(d) make provision for the payment of contributions, including the
manner of payment, and the person from whom such payment
may be required;
(e) make provision as to the cases in which a person may be refused
advice or assistance or legal aid under this Part by reason of his
conduct when seeking or receiving advice or assistance or legal
aid (whether in the same or in a different matter);
(f) make provision for the making of payments on account of sums
(including disbursements incurred or to be incurred) payable
under Schedule 2;
(g) make provision for the recovery of sums due to the Treasury
including —
(i) the enforcement for the benefit of the Treasury of any
order or agreement for costs made in favour of a person
who has received advice or assistance or legal aid under
this Part; and
(ii) the making of an advocate’s right to payment by the
Treasury wholly or partly dependent on his performance
of any duties imposed on him by regulations made for the
purposes of this paragraph;
(h) make provision for the recovery from an advocate of any costs
paid by the Treasury, where the Treasury has incurred such
liability as the result of a serious dereliction of duty on the part of
such advocate.
(3) Regulations may also modify any provisions of this Part so far as it
appears to the Committee necessary to meet the special circumstances
where —
(a) a person seeking or receiving advice or assistance or legal aid
under this Part —
(i) is concerned in a representative, fiduciary or official
capacity; or
(ii) is concerned jointly with or has the same interest as other
persons, whether receiving advice or assistance or legal aid
or not; or
(iii) has available to him rights and facilities making it
unnecessary for him to take advantage of this Act or has a
reasonable expectation of receiving financial or other help
from a body of which he is a member;
(b) a person seeks advice or assistance or legal aid in a matter of
special urgency;
(c) a person begins to receive advice or assistance or legal aid under
this Part after having consulted an advocate in the ordinary way
with respect to the same matter, or ceases to receive advice or
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assistance or legal aid before the matter in question is finally
settled;
(d) there is any relevant change of circumstances while a person is
receiving advice or assistance or legal aid under this Part; or
(e) such modification is required for the purpose of fulfilling an
obligation imposed by an international agreement which extends
to the Island, or of securing the recognition or enforcement in the
Island of a judgment, order or decision given or made outside the
British Islands for whose recognition or enforcement in the Island
provision is made by such an agreement.
(4) Without prejudice to any of the foregoing provisions of this section,
regulations may modify any of the provisions of this Part in so far as it
appears to the Committee necessary or desirable to enable those
provisions to be effectively applied in respect of any proceedings before
the Judicial Committee of the Privy Council, and such modifications may
include matters relating to the selection of, and payment of fees to,
counsel.
17 Interpretation of Part I

In this Part —
“advice
” and “assistance
” mean respectively advice and assistance under
this Part;
“family income supplement
” [Repealed]19

“income support
” [Repealed]20

“legal aid certificate
” means a certificate required in accordance with
regulations to be obtained as a condition of entitlement to legal aid;
“mediation
” means any process in which 2 or more parties attempt to reach a
voluntary agreement with respect to a dispute with the assistance of a
person who has no power unilaterally to resolve the dispute, and
includes conciliation and any similar form of dispute resolution other
than litigation and arbitration;21

“proceedings
”, except in section 1, includes mediation;22

“supplementary benefit
” [Repealed]23

PART II – CRIMINAL LEGAL AID

18 Legal aid in criminal proceedings

(1) For the purpose of any proceedings specified in column 1 of Schedule 3,
an authority specified in relation thereto in column 2 of that Schedule
(“the relevant authority”) may grant a legal aid certificate to a person so
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specified in column 3 of that Schedule (“the assisted person”), if it
appears to the authority —
(a) that it is desirable in the interests of justice that he should have
free legal aid in the preparation and conduct of his case in the
proceedings; and
(b) that his means are insufficient to enable him to meet the costs
which he may incur in the proceedings.
(2) Where the assisted person is committed for trial on a charge of murder,
subsection (1) shall have effect with the omission of paragraph (a).
(3) Where the relevant authority grants a legal aid certificate to the assisted
person, an advocate shall be assigned to him for the purpose of advising
him on, and representing him in, the proceedings.
(4) A legal aid certificate shall be authority for the advocate assigned to the
assisted person to give advice on the question whether there appear to be
reasonable grounds of appeal from any conviction, sentence or order in
the proceedings in question and, if such grounds appear to exist,
assistance in the preparation of notice of appeal or of an application for a
case to be stated, as the case may require.
(5) In Schedule 3 “sentence
” includes any order made by a court when
dealing with an offender, including —
(a) an order for costs or a compensation order made on conviction;
(b) a hospital order, a guardianship order and an order restricting
discharge under Part V of the Mental Health Act 19741; and
(c) a recommendation for deportation under section 6 of the
Immigration Act 1971 (an Act of Parliament), as it has effect in the
Island.
18A Contributions

Schedule 3A has effect in relation to the payment of contributions by assisted
persons towards the costs of legal aid given under this Part.24

19 Payment of costs

(1) Subject to the provisions of this section, where a legal aid certificate has
been granted to any person under section 18 the costs of the legal aid
given to him shall be paid by the Treasury.
(2) Subject to regulations, the costs of legal aid payable under this section
include disbursements reasonably incurred by the advocate assigned to
the assisted person for or in connection with the proceedings.
1 Editorial Note: See now the corresponding provisions of the Mental Health Act 1998
Legal Aid Act 1986 Section 20


c AT 23 of 1986 Page 19

(3) The rates or scales of costs (other than disbursements) payable under this
section, and the conditions under which such costs may be allowed, shall
be such as may be prescribed by order of the Treasury, made after
consultation with the Deemsters.
(4) An order under subsection (3) shall not have effect unless it is approved
by Tynwald.
(5) Where an order for costs in the assisted person’s favour is made in the
proceedings in question, all sums due under that order shall be paid to
the Treasury.
20 Regulations

[P1974/4/39]
The Committee may make regulations for giving effect to this Part or for
preventing abuses; and without prejudice to the generality of this section
regulations may —
(a) make provision as to the manner of making applications for legal
aid under this Part and the time in which such applications may
be made and disposed of;
(b) provide for the exercise of the powers of any court under this Part
by a person entitled to sit as a member of the court or any officer
of the court or other person;
(c) confer on any person aggrieved by a decision of any such officer
or other person a right to have the matter determined by the court
or a person entitled to sit as a member of the court;
(d) require any officer of a prescribed court to report to the court or
any person entitled to sit as a member of the court any case in
which it appears to him that, although no application has been
made for the purpose, a legal aid certificate ought to be granted
under section 18;
(e) provide for the person by whom and the manner in which a
person’s means are to be assessed;25

(ea) where 2 or more persons are living together in the same
household, provide for the means of any one of them to be taken
into account in determining the means of any other of them for
the purposes of this Part;26

(eb) where a person is aged under 16, provide (without prejudice to
paragraph (ea)) for the means of any person who is a contributor
in relation to him under Schedule 3A to be taken into account for
those purposes;27

(f) make provision with respect to the manner in which advocates
are assigned to assisted persons;
Section 21 Legal Aid Act 1986


Page 20 AT 23 of 1986 c

(g) make provision for the making of payments on account of sums
payable under section 19 (including disbursements incurred or to
be incurred as mentioned in section 19(2));
(h) provide for the assessment or taxation of costs payable in
accordance with section 19 and for the review of any assessment
made or taxation carried out under the regulations;
(i) provide for the discharge or revocation of a legal aid certificate in
such circumstances as may be prescribed;
(j) prescribe forms for use for the purposes of this Part.
21 Duty advocate scheme

[P1982/44/1]
(1) The Committee may with the concurrence of the Treasury make a
scheme providing for the provision by advocates of such advice and
representation in connection with criminal proceedings before courts of
summary jurisdiction as may be specified in the scheme, being advice
and representation for persons, or any class of persons —
(a) in respect of whom no legal aid certificate is for the time being in
force in relation to those proceedings, and
(b) to whom advice and assistance in respect of those proceedings is
not being given under Part I.
(1A) The Committee may with the concurrence of the Treasury make a
scheme providing for the provision by advocates of advice and
assistance under section 7 for persons —
(a) such as are mentioned in section 32 of the Police Powers and
Procedures Act 1998; or
(b) arrested and held in custody who —
(i) exercise the right to consult an advocate conferred on them
by section 61(1) of that Act; or
(ii) are permitted to consult a representative of an advocate.28

(1B) A scheme under subsection (1A) may provide that arrangements made
under it may be so framed as to preclude advocates from providing such
advice and representation if they do not also provide advice and
assistance in pursuance of arrangements made by virtue of a scheme
under that subsection which relates to the provision of advice and
assistance for persons such as are mentioned in section 32 of the Police
Powers and Procedures Act 1998 and for persons arrested and held in
custody.29

(2) A scheme under this section shall provide for the remuneration by the
Treasury of advocates providing advice and representation or advice and
assistance in accordance with the scheme, at such rates and in such
Legal Aid Act 1986 Section 22


c AT 23 of 1986 Page 21

manner as may be prescribed by or determined in accordance with the
scheme.30

PART III – MISCELLANEOUS AND SUPPLEMENTAL

22 Misrepresentation etc

[1973/8/13]
(1) If any person seeking or receiving advice or assistance or legal aid under
this Act —
(a) wilfully fails to comply with any regulations as to the information
to be furnished by him; or
(b) in furnishing any information required by the regulations
knowingly makes any false statement or false representation,
he shall be liable on summary conviction to imprisonment for a term not
exceeding 3 months, or to a fine not exceeding £2,500, or to both.
(2) Proceedings for an offence under subsection (1) may be brought within a
period of 6 months from the date on which evidence sufficient in the
opinion of the prosecutor to warrant such proceedings came to his
knowledge; but no such proceedings shall be brought more than 2 years
after the commission of the offence.
(3) For the purposes of subsection (2) a certificate signed by or on behalf of
the prosecutor and stating the date on which such evidence came to his
knowledge shall be conclusive evidence of that fact; and a certificate
stating that matter and purporting to be so signed shall be deemed to be
so signed unless the contrary is proved.
(4) An action to recover any loss sustained by the Treasury by reason of the
failure of a person seeking or receiving advice or assistance or legal aid
under this Act to comply with any regulations as to the information to be
furnished by him, or by reason of a false statement or false
representation made by such person in furnishing information for the
purposes of this Act shall be recoverable as a debt due to the Treasury.
23 Legal Aid Committee

(1) There shall continue to be established a Legal Aid Committee consisting
of neither less than 5 nor more than 7 members appointed by the
Appointments Commission.
(2) Not more than 3 lawyers may be appointed as members.
(3) The members shall be appointed for a term not exceeding 3 years and no
member may serve for more than 2 consecutive terms.
(4) The Appointments Commission must appoint one of the members to act
as chairman and one to act as vice chairman.
Section 24 Legal Aid Act 1986


Page 22 AT 23 of 1986 c

(5) At any sitting of the Committee —
(a) the chairman or vice chairman shall preside;
(b) at least 2 other members shall be present; and
(c) a majority of the members present shall not be lawyers.
(6) The functions of the Committee are —
(a) to determine the general policy with respect to legal aid;
(b) to oversee the administration of legal aid and to adjudicate on any
complaints (other than matters within the jurisdiction of the
tribunal established under section 23A) about any officer
appointed under regulations made under section 16(2)(c)(ii) as to
the exercise of any of the officer’s functions;
(c) to make regulations and schemes under this Act.
(7) In this section “lawyer” means a person qualified to practise law in any
part of the British Islands.31

23A Legal Aid Appeals Tribunal

(1) The Legal Aid Appeals Tribunal is established.
(2) The tribunal is a Part 2 tribunal within the meaning of the Tribunals Act
2006.
(3) The tribunal consists of a chairman and 2 members drawn from a panel
referred to in section 2(1)(b) of that Act.
(4) Section 4 of that Act is to determine the constitution of the tribunal save
no person may hold office for more than 2 consecutive terms.
(5) The tribunal has such jurisdiction as may be prescribed.32

24 Regulations: general
33

(1) Regulations under this Act may contain such supplemental, incidental,
consequential or transitional arrangements as the Committee considers
appropriate.
(2) Regulations under this Act shall not have effect unless they are approved
by Tynwald.34

25 [Repealed]
35

26 Financial provision

[1973/8/11]
(1) All expenses incurred by the Treasury under this Act shall be defrayed
out of money provided by Tynwald.
Legal Aid Act 1986 Section 27


c AT 23 of 1986 Page 23

(2) All sums paid to the Treasury under this Act shall be paid into the
general revenue of the Island.
(3) Sums due to the Treasury by virtue of this Act shall for the purpose of
the Preferential Payments Act 1908 be deemed to be a debt due to the
Crown.
27 General interpretation

In this Act —
“Appointments Commission
” means the body established under section 1 of
the Tribunals Act 2006;36

“the Committee
” means the Legal Aid Committee;
“order for costs
” includes any judgement, order, decree, award or direction for
the payment of the costs of one party to any proceedings by another
party, whether given or made in those proceedings or not;
“person
” does not include a body of persons corporate or unincorporate so as to
authorise legal aid to be given to such a body;
“prescribed
” means prescribed by regulations;
“regulations
” means regulations made by the Committee.
28 Application to the Crown

This Act binds the Crown.
29 Transitional provisions

(1) Until the Council of Ministers makes rules under section 8 of the
Tribunals Act 2006 regulating the practice and procedure of a Part 2
tribunal, regulations may make such provision.37

(2) When such rules as are mentioned in subsection (1) come into operation,
regulations made in consequence of that subsection are to be treated as
revoked.38

(2A) If an appeal has been or could be made (but has not been concluded)
under regulations in operation prior to the commencement of section
23A, on and after such commencement the appeal —
(a) must be treated as having been made or capable of being made (as
the case may be) in accordance with rules or regulations made
under subsection (1), whichever are in operation; and
(b) if commenced, shall recommence before the tribunal.39

(3) Any sum which was immediately before the commencement of Part I
due to or from the general revenue of the Island by virtue of any
Section 30 Legal Aid Act 1986


Page 24 AT 23 of 1986 c

provision of the Legal id (Isle of Man) Act 1973 shall be treated for the
purposes of this Act as due to or from the Treasury.
(4) Nothing in Part II, or in subsection (1) or (2), applies to any proceedings
in which, before the commencement of that Part —
(a) an advocate has been assigned to an appellant under section 18 of
the Criminal Code Amendment Act 1921;
(b) a defence certificate or legal aid certificate has been granted to any
person under section 3 or 4 of the Poor Prisoners’ Defence Act
1933; or
(c) an appeal aid certificate has been granted to any person under
section 3 of the Summary Jurisdiction Act 1956.
30 Short title and commencement

(1) This Act may be cited as the Legal Aid Act 1986.
(2) This Act shall come into operation on such day or days as the Governor
in Council may by order appoint.40

Legal Aid Act 1986 Schedule 1



c AT 23 of 1986 Page 25

SCHEDULE 1

PROCEEDINGS FOR WHICH CIVIL LEGAL AID MAY BE

GIVEN

Section 2
PART I – DESCRIPTION OF PROCEEDINGS

1. Proceedings in any of the following courts —
(a) the Judicial Committee of the Privy Council in the exercise of its
jurisdiction in relation to appeals from courts in the Island;
(b) the High Court.
2. Domestic proceedings (within the meaning of Part V of the Summary Jurisdiction
Act 1989) in a court of summary jurisdiction.41

3. Proceedings in a court of summary jurisdiction under Part 4 or 5 of the Children
and Young Persons Act 2001.42

4. Proceedings in an inquest held under the Coroners of Inquests Act 1987, which
shall be proceedings in a court for the purposes of this Act.43

5. Proceedings before the Mental Health Review Tribunal, which shall be
proceedings in a court for the purposes of this Act.
5A. Proceedings before the Advocates Disciplinary Tribunal, which shall be
proceedings in a court for the purposes of this Act.44

5B. Proceedings before the Isle of Man Data Protection Tribunal, which shall be
proceedings in a court for the purposes of this Act.45

5C. Proceedings before the Financial Services Tribunal on an appeal under
section 32 of the Financial Services Act 2008, which shall be proceedings in a court for
the purposes of this Act.46

5D. Proceedings before the Retirement Benefits Schemes Tribunal under section 38 of
the Retirement Benefits Schemes Act 2000 or before the Insurance Tribunal under
section 45 of the Insurance Act 2008 which shall be proceedings in a court for the
purposes of this Act.47

5E. Proceedings before the Collective Investment Schemes Tribunal on an appeal
under section 21 of the Collective Investment Schemes Act 2008 which shall be
proceedings in a court for the purposes of this Act.48

Schedule 2
Legal Aid Act 1986


Page 26 AT 23 of 1986 c

PART II – EXCEPTED PROCEEDINGS

6. Proceedings wholly or partly in respect of defamation.
7. Relator actions.
8. Proceedings for the recovery of a penalty where the proceedings may be taken
by any person and the whole or part of the penalty is payable to the persons taking the
proceedings.
9. Election petitions under Part III of the Representation of the People Act 1995.49

10. Proceedings incidental to any proceedings mentioned in this Part.
SCHEDULE 2

REMUNERATION OF PERSONS GIVING CIVIL LEGAL AID

Section 5(2)
1. (1) The rates or scales of costs (other than disbursements) payable in respect
of legal aid under Part I, and the conditions under which such costs may be allowed
shall be such as may be prescribed by order of the Treasury, made after consultation
with the Deemsters.
(2) Without prejudice to that power, an order under paragraph 1 may —
(a) prescribe such rates or scales by reference to the rates and scales
having effect from time to time under section 19(3);
(b) provide that the sums payable to an advocate acting in
proceedings specified in the order shall, in such circumstances as
may be prescribed, be such fixed amount specified in the order as
may be applicable thereunder.50

2. An order under paragraph 1 shall not have effect unless it is approved by
Tynwald.51

3. Costs shall be taxed for the purposes of this Schedule according to the ordinary
rules applicable on a taxation as between attorney and client where the costs are to be
paid out of a common fund in which the client and others are interested.
Provided that no question shall be raised as to the propriety of any act for which prior
approval was obtained as required by regulations.
4. Regulations may provide that for the purposes of this Schedule instead of costs
being taxed in the ordinary way —
(a) they shall be taxed by the prescribed person (whether an officer of
a court or not); or
Legal Aid Act 1986 Schedule 3



c AT 23 of 1986 Page 27

(b) the amount of the costs shall be fixed (whether by an officer of a
court or not) by an assessment made without a taxation but with a
view to allowing as nearly as may be the same amount as on a
taxation.
SCHEDULE 3

CRIMINAL LEGAL AID

Section 18(1)
Proceedings in which legal aid under
Part II may be granted
Authority by whom legal aid may
be granted
Person to whom legal
aid may be granted
1. Summary trial or committal
proceedings before a court of
summary jurisdiction.
The court of summary
jurisdiction.
A person charged
with any offence
before the court.
1A. Proceedings in a court of
summary jurisdiction under
section 28 of the Criminal Justice
Act 2001.
The court of summary
jurisdiction.
The person against
whom the order
may be or has been
made.52

1B. Appeal to the Staff of
Government Division against a
decision of a court of summary
jurisdiction under section 28 of the
Criminal Justice Act 2001.
The Staff of Government
Division. The appellant.53

2. Application to a judge of the
High Court for bail under section 2
or 3(3) of the Bail Act 1952.
The judge to whom the
application is made.
The applicant.
3. Trial on information before a
Court of General Gaol Delivery.
The court of summary
jurisdiction by whom the person
committed is so committed.
The judge before whom the
person is to be tried.
A person
committed for trial.
4. Proceedings before a Court of
General Gaol Delivery on
committal by a court of summary
jurisdiction under section 17 of the
Summary Jurisdiction Act 1989.
The court of summary
jurisdiction by whom the
offender is so committed.
The judge by whom the offender
is dealt with.
The offender so
committed.54

5. Proceedings before a Court of
General Gaol Delivery on
committal by a court of summary
jurisdiction under section 55(1) of
the Mental Health Act 1974, where
the Court does not make a hospital
order.
Any court of summary
jurisdiction.
The judge by whom the offender
is dealt with.
The offender so
committed.
Schedule 3
Legal Aid Act 1986


Page 28 AT 23 of 1986 c

Proceedings in which legal aid under
Part II may be granted
Authority by whom legal aid may
be granted
Person to whom legal
aid may be granted
6. Appeal to the Staff of
Government Division against
conviction or sentence or both by a
court of summary jurisdiction,
including an appeal by way of case
stated and an application for an
order to state a case.
Any court of summary
jurisdiction.
The Staff of Government
Division.
The appellant. Any
other party to the
appeal.
7. Appeal to the Staff of
Government Division against a
hospital order or guardianship
order made by a court of summary
jurisdiction otherwise than on
conviction, under section 48(2) of
the Mental Health Act 1974.
Any court of summary
jurisdiction.
The appellant.
8. Appeal to the Staff of
Government Division against a
hospital order or guardianship
order made by a juvenile court
under section 49 of the Mental
Health Act 1974.
Any court of summary
jurisdiction.
The appellant.
9. Appeal to the Staff of
Government Division against
conviction or sentence or both by a
Court of General Gaol Delivery.
The Staff of Government
Division.
The appellant.
10. Appeal to the Civil Division
under section 49(5), 80(2) or 110(1)
of the Children and Young Persons
Act 1966.
Any court of summary
jurisdiction, or on refusal by
such a court the Civil Division.
The appellant.55

11. Application to the Civil Division
for an order that the sentence of a
court of summary jurisdiction be
quashed on the ground that the
court has imposed a sentence
which it had no power to pass in
such a case.
The Civil Division. The applicant.56

12. Retrial before a Court of
General Gaol Delivery pursuant to
an order under section 33 of the
Criminal Jurisdiction Act 1993.
The Staff of Government
Division.
The judge before whom the
appellant is to be retried.
The appellant.57

13. Proceedings for an offence
against discipline under custody
rules under the Custody Act 1995,
where the charge is referred to a
board of visitors and the board
determine to allow the person
charged to be legally represented.
The board of visitors. The person
charged.58

Legal Aid Act 1986 Schedule 3A



c AT 23 of 1986 Page 29

Proceedings in which legal aid under
Part II may be granted
Authority by whom legal aid may
be granted
Person to whom legal
aid may be granted
14. Proceedings before a court of
summary jurisdiction in respect of
sexual offences prevention orders
or the High Court in respect of risk
of sexual harm orders under the
Sex Offenders Act 2006.
The court of summary
jurisdiction.
The person in
respect of whom
the order may be
made.59

15. Appeal to the High Court under
section 9 of the Sex Offenders Act
2006.
The High Court. The appellant.60


SCHEDULE 3A

CONTRIBUTIONS TOWARDS CRIMINAL LEGAL AID

Section 18A61

Contribution orders
1. (1) Where a relevant authority grants a legal aid certificate to a person
whose means exceed the prescribed limits, the authority shall make an order (a
“contribution order”) requiring him to make a payment to the Treasury of an amount
(a “contribution”) determined and calculated in such manner as is prescribed in respect
of the costs of the legal aid given to him, either in one sum or in instalments as may be
prescribed.
(2) Where the assisted person has not attained the age of 16, the relevant
authority may, instead of or in addition to making a contribution order against him,
make a contribution order against any person who is a contributor in relation to him
and whose means exceed the prescribed limits.
(3) Where a relevant authority grants a legal aid certificate to a person who
has attained the age of 16 but does not require him to furnish a statement of his means
in accordance with regulations because he appears, by reason of his physical or mental
condition, to be for the time being incapable of doing so —
(a) no contribution order need be made when the certificate is
granted; but
(b) if it subsequently appears to a relevant authority that he has
become capable of furnishing such a statement, that authority
may require him to do so.
(4) Where a person fails to furnish a statement of his means in accordance
with a requirement under regulations, he shall be treated, for the purposes of any
contribution order in connection with the legal aid certificate in relation to which the
requirement was imposed, as if —
(a) his means exceeded the prescribed limits, and
Schedule 3A
Legal Aid Act 1986


Page 30 AT 23 of 1986 c

(b) the amount of the contribution to be made by him were such as
the relevant authority may determine.
(5) Subject to paragraph (6), where the costs of the legal aid in respect of
which a contribution is made are less than the amount of the contribution, the Treasury
shall repay the difference between the contribution and the costs —
(a) where the contribution was made by one person only, to him;
(b) where the contribution was made by 2 or more persons, to them
in proportion to the amounts contributed by them.
(6) Where an order for costs is made in favour of an assisted person and
sums due under the order for costs are paid to the Treasury —
(a) if the costs of the legal aid do not exceed the sums so paid, sub-
paragraph (5) does not apply and the contribution shall be repaid;
(b) if the costs of the legal aid exceed the sums so paid, sub-
paragraph (5) applies as if the costs were equal to the excess.
(7) Regulations may provide that no contribution order shall be made in
connection with a legal aid certificate in respect of proceedings by way of appeal
against a conviction or order of any court, where a contribution order was made in
connection with a legal aid certificate in respect of the proceedings in which the
conviction or order was made.
(8) Regulations made for the purpose of this paragraph shall secure that a
person’s means are treated as not exceeding the prescribed limits at any time when he
is in receipt of such social security benefits as may be prescribed.62

Variation etc. of contribution order
2. (1) A contribution order made against a person may be varied —
(a) in the light of any further information as to his means at the time
when the order is made;
(b) in the light of any change in his means within the prescribed
period.
(2) Where no contribution order has been made against an assisted person at
the time when a legal aid certificate is granted to him —
(a) because his means did not exceed (or were believed not to exceed)
the prescribed limits, or
(b) because of paragraph 1(3)(a),
a contribution order may be made against him at any subsequent time if it appears that
his means at any time within the prescribed period exceed or exceeded the prescribed
limits.
(3) Where a contribution order has been made against a person and it
subsequently appears that his means at the time the order was made were such that no
Legal Aid Act 1986 Schedule 3A



c AT 23 of 1986 Page 31

order should have been made, the order shall be revoked; but if it is revoked sub-
paragraph (2) applies as if it had never been made.
(4) The powers conferred by sub-paragraphs (1), (2) and (3) are exercisable
by any authority which is a relevant authority in relation to the proceedings in
question.
(5) At the conclusion of proceedings in any court for the purposes of which a
legal aid certificate has been granted, the court may, if it thinks fit —
(a) remit any sum due from the assisted person under a contribution
order which falls to be paid after the conclusion of the
proceedings or, if the assisted person has been acquitted, remit or
order the repayment of any sum due from or paid by him under
such an order;
(b) remit or order the repayment of any sum due from or paid by a
contributor under a contribution order.
(6) Where a legal aid certificate is revoked, sub-paragraph (5) has effect as if
the proceedings in question had then been concluded.
(7) Where an assisted person successfully appeals against his conviction, the
court allowing his appeal may remit or order the repayment of any sum due from or
paid by him or a contributor under a contribution order.
Enforcement of contribution order
3. (1) Subject to sub-paragraph (2), any contribution shall be recoverable as if it
had been adjudged to be paid by an order of a court of summary jurisdiction, and shall
be applicable as a fine imposed by such a court.
(2) Where a contribution order has been made in respect of a member of Her
Majesty’s armed forces and the Secretary of State notifies the Chief Registrar that any
sum payable under the order will be recovered by deductions from the person’s pay,
the Chief Registrar shall not enforce payment of the order unless and until the
Secretary of State subsequently notifies him that the person is no longer a member of
those forces and that sum has not been fully recovered.63

(3) Any contribution shall not be recoverable, and payment of any such sum
shall not be enforced until —
(a) the conclusion of the proceedings in respect of which the relevant
legal aid certificate was granted, or
(b) if earlier, the revocation of that certificate.
(4) Where a contribution is required to be paid by the assisted person on the
making of the contribution order, the relevant authority may direct that the relevant
legal aid certificate shall not take effect until the contribution is paid.
(5) Where a contribution is required to be paid by the assisted person at a
time after the making of the contribution order and before the conclusion of the
proceedings in respect of which the relevant legal aid certificate was granted and is not
Schedule 4
Legal Aid Act 1986


Page 32 AT 23 of 1986 c

paid before that time, the court in which the proceedings are being heard may revoke
the certificate if it is satisfied, after giving the assisted person an opportunity of making
representations —
(a) that he was able to pay the contribution at that time, and
(b) that he is able to pay the whole or part of it but has failed or
refused to do so.
(6) The revocation of a legal aid certificate under sub-paragraph (5) does not
affect the right of the advocate assigned to the assisted person to remuneration for
work done before the date of the revocation.
(7) References in this paragraph to a contribution include references to any
part of a contribution and any instalment of a contribution.
Interpretation
4. In this Schedule —
“contribution
” means a payment ordered to be made by a contribution order;
“contribution order
” means an order under paragraph 1 or 2(2);
“contributor
”, in relation to an assisted person under the age of 16, means his
father or mother; and for the purposes of section 5 of the Family Law Act
1991 this definition shall be treated as an enactment passed after that Act.
SCHEDULE 4
64

SCHEDULE 5
65

Legal Aid Act 1986 Endnotes


c AT 23 of 1986 Page 33

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subs (2) amended by Legal Aid (Amendment) Act 1992 s 1. 2
Subs (3) added by Legal Aid (Amendment) Act 2012 s 4. 3
Subs (4) added by Legal Aid (Amendment) Act 2012 s 4. 4
S 2 heading substituted by Legal Aid (Amendment) Act 2012 s 5. 5
Subs (4) substituted by Legal Aid (Amendment) Act 2012 s 5. 6
Para (b) amended by SD32/00 and by Legal Aid (Amendment) Act 2012 s 6. 7
Subs (1A) inserted by SD2015/0168. 8
Para (c) substituted by Legal Aid (Amendment) Act 2012 s 6. 9
Para (d) amended by Legal Aid (Amendment) Act 2012 s 6. 10
S 4 substituted by Legal Aid (Amendment) Act 2012 s 7. 11
Subs (2) substituted by Advocates Act 1995 Sch 1. 12
Subs (4) added by Administration of Justice Act 2008 s 28. 13
Para (b) amended by SD32/00 and by Legal Aid (Amendment) Act 2012 s 8. 14
Subs (2) amended by SD32/00 and by Legal Aid (Amendment) Act 2012 s 9. 15
Subs (4) amended by Civil Partnership Act 2011 Sch 14. 16
Para (c) inserted by Legal Aid (Amendment) Act 2012 s 10 and amended by Audit
(Amendment) Act 2015 Sch. 17
Subs (2) amended by Legal Aid (Amendment) Act 2012 s 10. 18
Para (c) substituted by Legal Aid (Amendment) Act 2012 s 11. 19
Definition of “family income supplement” repealed by Legal Aid (Amendment) Act
2012 s 12. 20
Definition of “income support” repealed by Legal Aid (Amendment) Act 2012 s 12. 21
Definition of “mediation” inserted by Legal Aid (Amendment) Act 2012 s 12.
Endnotes Legal Aid Act 1986


Page 34 AT 23 of 1986 c

22
Definition of “proceedings” inserted by Legal Aid (Amendment) Act 2012 s 12. 23
Definition of “supplementary benefit” repealed by SD32/00. 24
S 18A inserted by Legal Aid (Amendment) Act 1992 s 1. 25
Para (e) substituted by Legal Aid (Amendment) Act 1992 s 2. 26
Para (ea) inserted by Legal Aid (Amendment) Act 1992 s 2. 27
Para (eb) inserted by Legal Aid (Amendment) Act 1992 s 2. 28
Subs (1A) inserted by Police Powers and Procedures Act 1998 s 62. 29
Subs (1B) inserted by Police Powers and Procedures Act 1998 s 62. 30
Subs (2) amended by Police Powers and Procedures Act 1998 s 62. 31
S 23 substituted by Legal Aid (Amendment) Act 2012 s 13. 32
S 23A inserted by Legal Aid (Amendment) Act 2012 s.14. 33
S 24 heading substituted by Legal Aid (Amendment) Act 2012 s.15. 34
S 24 substituted by Legal Aid (Amendment) Act 2012 s 15. 35
S 25 repealed by Statutory Boards Act 1987 Sch 4. 36
Definition of “Appointments Commission” inserted by Legal Aid (Amendment) Act
2012 s 16. 37
Original subs (1) repealed by Criminal Jurisdiction Act 1993 Sch 4, new subs (1)
inserted by Legal Aid (Amendment) Act 2012 s 17. 38
Original subs (2) repealed by Statute Law Revision Act 1992 Sch 2, new subs (2)
inserted by Legal Aid (Amendment) Act 2012 s 17. 39
Subs (2A) inserted by Legal Aid (Amendment) Act 2012 s 17. 40
ADO (ss 1 to 17, 22 to 28, s 29(2) so far as it relates to Parts I and III of Sch 5, 29(3), 30,
Sch 1, Sch 2, Parts I and III of Sch 5) 1/10/1986 (GC230/86); (ss 18 to 21, s 29(1), s 29(2) so
far as it relates to Part II of Sch 5, s 29(4), Sch 3, Sch 4, Part II of Sch 5) 10/11/1986
(GC389/86). 41
Para 2 amended by Summary Jurisdiction Act 1989 Sch 5. 42
Para 3 substituted by Children and Young Persons Act 2001 Sch 12. 43
Para 4 amended by Coroners of Inquests Act 1987 Sch 1. 44
Para 5A inserted by Advocates Act 1995 Sch 1. 45
Para 5B inserted by Data Protection Act 2002 Sch 12. 46
Para 5C inserted by Financial Services Act 2008 Sch 6. 47
Para 5D inserted by Insurance Act 2008 Sch 8. 48
Para 5E inserted by Collective Investment Schemes Act 2008 Sch 6. 49
Para 9 amended by Representation of the People Act 1995 Sch 7. 50
Para 1 substituted by Advocates Act 1995 Sch 1 para 13(1) with saving.* 51
Para 2 substituted by Advocates Act 1995 Sch 1 para 13(1) with saving.* 52
Entry 1A inserted by Criminal Justice, Police and Courts Act 2007 s 4. 53
Entry 1B inserted by Criminal Justice, Police and Courts Act 2007 s 4. 54
Entry 4 amended by Criminal Jurisdiction Act 1993 Sch 3. 55
Entry 10 amended by SD352/09. 56
Entry 11 amended by SD352/09. 57
Entry 12 amended by Criminal Jurisdiction Act 1993 Sch 3.
Legal Aid Act 1986 Endnotes


c AT 23 of 1986 Page 35

58
Entry 13 substituted by Custody Act 1995 Sch 4. 59
Entry 14 added by Sex Offenders Act 2006 s 14. 60
Entry 15 added by Sex Offenders Act 2006 s 14. 61
Sch 3A inserted by Legal Aid (Amendment) Act 1992 Sch. 62
Subpara (8) amended by SD32/00 (as amended by SD266/00) and amended by Legal
Aid (Amendment) Act 2012 s 18. 63
Subpara (2) amended by Law Reform Act 1997 Sch 5. 64
Sch 4 repealed by Criminal Jurisdiction Act 1993 Sch 4. 65
Sch 5 repealed by Statute Law Revision Act 1992 Sch 2.