Civil Legal Aid Act, 1995

• Jurisdiction: Ireland
• Citation: IR No. 32/1995
• Year: 1995

Number 32 of 1995
CIVIL LEGAL AID ACT, 1995
ARRANGEMENT OF SECTIONS
Section 1. Interpretation. 2. Establishment day. 3. Establishment of Legal Aid Board. 4. Membership of Board and terms of office of members. 5. Functions of Board. 6. Conferral of additional functions on Board. 7. General policy directives as to legal aid and advice. 8. Powers of Board. 9. Reports of Board. 10. Chief Executive of Board. 11. Staff of Board. 12. Membership of either House of Oireachtas or of European Parliament. 13. Dissolution of former Board. 14. Transfer of assets and liabilities of former Board. 15. Preservation of certain continuing contracts and adaptation of references to former Board. 16. Saving for certain acts. 17. Pending legal proceedings. 18. Advances by Minister to Board. 19. Legal Aid Fund. 20. Accounts and audits of Board. 21. Transfer of staff to Board. 22. Terms and conditions of staff transferred to the Board. 23. Superannuation. 24. General criteria for grant of legal aid and advice. 25. Legal advice. 26. Criteria for obtaining legal advice. 27. Legal aid. 28. Criteria for obtaining legal aid. 29. Financial eligibility and contributions towards cost of legal aid and advice. 30. Location of law centres and provision of legal aid and advice. 31. Selection of solicitor or barrister. 32. Relationship between lawyer and person in receipt of legal aid or advice. 33. Costs recoverable by or on behalf of a person in receipt of legal aid or advice. 34. Measurement of costs incurred by Board. 35. Refund of costs and damages. 36. Costs awarded against a person in receipt of legal aid. 37. Regulations. 38. Orders and regulations. 39. Expenses. 40. Short title.
Number 32 of 1995
CIVIL LEGAL AID ACT, 1995
AN ACT TO MAKE PROVISION FOR THE GRANT BY THE STATE OF LEGAL AID AND ADVICE TO PERSONS OF INSUFFICIENT MEANS IN CIVIL CASES. [16th December, 1995]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Interpretation.	1.—(1) In this Act, unless the context otherwise requires—
	“the Act of 1956” means the Civil Service Regulation Act, 1956 ;
	“the Act of 1977” means the European Assembly Elections Act, 1977 ;
	“applicant” means a person applying for legal aid or advice or both;
	“application” means an application for legal aid or advice or both;
	“the Board” means the Legal Aid Board established by section 3 ;
	“certificate” means a civil legal aid certificate issued by the Board under section 28 authorising the grant of legal aid to the person to whom the certificate relates;
	“Chief Executive” shall be construed in accordance with section 10 ;
	“civil servant in the Civil Service of the Government” means a person holding a position in the Civil Service of the Government;
	“civil servant in the Civil Service of the State” means a person holding a position in the Civil Service of the State;
	“contribution” means the financial contribution payable by an applicant towards the cost of providing legal aid or advice, in accordance with section 29 ;
	“designated matters” has the meaning assigned to it by subsection (9) (a) of section 28 ;
	“employed” means employed under a contract of service or apprenticeship;
	“former Board” means the Legal Aid Board appointed under section 2.1 of the Scheme;
	“the Fund” means the Legal Aid Fund provided for in section 19 ;
	“law centre” has the meaning assigned to it by section 30 ;
	“legal advice” has the meaning assigned to it by section 25 ;
	“legal aid” has the meaning assigned to it by section 27 ;
	“the Minister” means the Minister for Equality and Law Reform;
	“officer of the Board” means a person (other than a solicitor's apprentice or a solicitor of the Board in respect of whom an order under section 11 (5) (a) is not in force) employed by the Board;
	“recognised trade unions and staff associations” means trade unions and staff associations recognised by the Board or former Board for the purpose of negotiations which are concerned with the remuneration, conditions of employment or working conditions of officers of the Board and employees of the Board;
	“Scheme” means the “Scheme of Civil Legal Aid and Advice” laid by the Minister for Justice before each House of the Oireachtas in the month of December, 1979, as amended;
	“solicitor of the Board” means a solicitor employed by the Board;
	“staff of the Board” means officers of the Board and solicitors of the Board.
	(2) (a) In this Act a reference to a section is a reference to a section of this Act, unless it is indicated that reference to some other enactment is intended.
	(b) In this Act a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.
	Establishment day.	2.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.
	Establishment of Legal Aid Board.	3.—(1) On the establishment day there shall stand established a board to be known as An Bord um Chúnamh Dlíthiúil or, in the English language, the Legal Aid Board, and in this Act referred to as “the Board”, to perform the functions conferred on it by this Act.
	(2) The Board shall be a body corporate with perpetual succession and an official seal and power to sue and be sued in its corporate name and, with the consent of the Minister, to acquire, hold and dispose of land or an interest in land or rights over or in respect of land and to acquire, hold and dispose of any other property.
	(3) The Board shall, subject to the provisions of this Act, be independent in the exercise of its functions.
	Membership of Board and terms of office of members.	4.—(1) The Board shall consist of a chairperson and 12 ordinary members, who shall be appointed to be members of the Board by the Minister and who, subject to the provisions of this section, shall hold and vacate office upon such terms and conditions as the Minister, with the consent of the Minister for Finance, may determine.
	(2) (a) The Minister shall from time to time as occasion requires appoint a member of the Board to be chairperson thereof.
	(b) Where the chairperson of the Board ceases during his or her term of office as such chairperson to be a member of the Board, he or she shall thereupon also cease to be chairperson of the Board.
	(c) The chairperson of the Board shall, unless he or she sooner dies, resigns, becomes disqualified or is removed from office as chairperson, hold office as such chairperson until the expiration of his or her term of office as a member of the Board but, if he or she is re-appointed as a member of the Board, he or she shall be eligible for re-appointment as chairperson of the Board.
	(3) (a) In appointing persons to be members of the Board, the Minister shall have regard to the desirability of their having knowledge or experience of the law, the practice and procedure of the Courts, business, finance, management and administration, consumer or social affairs, or of any other subject, which would, in the opinion of the Minister, be of assistance to the Board in the performance of its functions.
	(b) Of the members of the Board—
	(i) 2 shall be barristers who have been engaged in practice as such for a period of not less than 7 years prior to their appointment as such members, and if either such member ceases during his or her term of office as such to be a practising barrister, he or she shall thereupon cease to be a member of the Board,
	(ii) 2 shall be solicitors who have been engaged in practice as such for a period of not less than 7 years prior to their appointment as such members and, if either such member ceases during his or her term of office as such to be a practising solicitor, he or she shall thereupon cease to be a member of the Board,
	(iii) 2 shall be members of the staff of the Board,
	(iv) not less than 5 shall be men, and
	(v) not less than 5 shall be women.
	(4) (a) The term of office of a member of the Board shall be not more than 5 years and no person shall be appointed a member of the Board for more than 2 terms.
	(b) Each member of the Board shall act on a part-time basis save where the Minister, on being satisfied that it is necessary to do so in the interest of the proper functioning of the Board and with the consent of the Minister for Finance, appoints any such member or members to act on a full-time basis.
	(c) Each member of the Board shall be paid, out of the Fund, such remuneration (if any), superannuation benefits and allowances for expenses as the Minister with the consent of the Minister for Finance, may, from time to time determine.
	(d) A member of the Board may at any time resign his or her office as a member by letter addressed to the Minister and the resignation shall take effect as and from the date on which the Minister receives the letter.
	(e) The Minister may at any time remove a member of the Board from office who, in the opinion of the Minister, has become incapable through ill-health of effectively performing his or her functions or has committed stated misbehaviour or whose removal appears to the Minister to be necessary for the effective performance by the Board of its functions.
	(5) (a) If a member of the Board dies, resigns, becomes disqualified or is removed from office, the Minister may appoint a person to be a member of the Board to fill the...