Singapore legislation

Section 23

of Legal Aid and Advice Act 1995

Section 23

Regulations

Amended by50/20186/201316/201650/201827/201050/2018

(1)

The Minister may make regulations for prescribing all matters that this Act requires or permits to be prescribed, or that are necessary or expedient for carrying out or giving effect to this Act.

Amended by50/2018

(2)

Without limiting subsection (1), the regulations may —

(a)

regulate all matters relating to fees, charges and costs in relation to proceedings to which an aided person is a party;

(b)

remit or provide for the remission of any fees or charges in any such proceedings;

(c)

prescribe fees for applications under this Act, and provide for the remission of any such fees;

(d)

make provision as to the cases in which a person may be refused legal aid or advice by reason of the person’s conduct when seeking or receiving legal aid or advice (whether in the same or related matter or in a different matter);

(e)

make provision as to the circumstances a Grant of Aid issued to a person may be cancelled;

(f)

make provision for the recovery of sums due in respect of legal aid and for making effective the charge created by this Act on property recovered or preserved for a person receiving legal aid, including provision —

(i)

for the enforcement of any order or agreement for costs made in favour of a person who has received legal aid; and

(ii)

for making a solicitor’s right to payment wholly or partly dependent on the solicitor’s performance of any duties imposed on the solicitor by regulations made for the purposes of this paragraph;

(g)

make any provision necessary to meet the special circumstances where —

(i)

a person is issued a Grant of Aid on a provisional basis;

(ii)

a person begins to receive legal aid after having consulted a solicitor in the ordinary way with respect to the same matter, or ceases to receive legal aid before the matter in question is finally settled; and

(iii)

there is any relevant change of circumstances while a person is receiving legal aid;

(h)

provide for the period when a Grant of Aid issued on a provisional basis is in force, and for matters relating to the lapse or extension of such Grant of Aid; and

(i)

provide for any forms to be used under this Act.

Amended by6/201316/201650/2018

(3)

The regulations may apply generally to all legal matters, whether relating to proceedings in court or otherwise, or may apply to any specified class of matters or proceedings or to all matters or proceedings other than matters or proceedings of a specified class.

(4)

Any fund established under this Act to meet the costs, fees, disbursements or expenses in connection with legal aid or advice under this Act may be applied for the purposes of legal aid or advice under the International Child Abduction Act 2010.

Amended by27/2010

(5)

The regulations may impose a penalty not exceeding $2,000 for any breach of the regulations.

(6)

The powers conferred by this section do not extend to any matter for which Rules of Court or Family Justice Rules may be made under section 19.

Amended by50/2018

(7)

All regulations made under this Act must be presented to Parliament as soon as possible after publication in the Gazette.