Singapore legislation

Clause 10

of Legal Aid and Advice (Amendment) Bill

Clause 10

Amendment of section 12

Section 12 of the principal Act is amended —

(a)

by deleting subsections (1), (2) and (3) and substituting the following subsections:“(1) Where a Grant of Aid is issued, the Director may act for the aided person or may select a solicitor from the appropriate panel of solicitors maintained pursuant to section 4 and assign that solicitor to act for the aided person.(2) A fresh Grant of Aid shall be filed with the court in which any proceedings are taken or are pending in any case where —

(a)

a solicitor is assigned to act after a Grant of Aid has been filed with the court; or

(b)

a new assignment is made in place of a solicitor previously assigned.(3) Before taking any other step in the proceedings, the Director or the solicitor so assigned shall file the Grant of Aid with the court in which the proceedings are to be taken or are pending and no fee shall be charged in respect of the filing of the Grant of Aid.”;

(b)

by deleting the words “legal aid certificate” in subsection (4) and substituting the words “Grant of Aid”;

(c)

by deleting the word “certificate” in subsection (4)(a), (b) and (c) and substituting in each case the words “Grant of Aid”;

(d)

by inserting, immediately after the words “the Sheriff” in subsection (4)(a), the words “or bailiff”;

(e)

by deleting the word “and” at the end of subsection (4)(b);

(f)

by deleting the full-stop at the end of paragraph (c) of subsection (4) and substituting the word “; and”, and by inserting immediately thereafter the following paragraph:“(d)shall not be liable to pay any deposit which would have been payable to the Official Assignee under the rules made under section 166 of the Bankruptcy Act (Cap. 20), where legal aid has been granted to the aided person to commence bankruptcy proceedings against a debtor.”;

(g)

by inserting, immediately after subsection (5), the following subsection:“(6) For the avoidance of doubt, the Director may take proceedings —

(a)

to enforce or give effect to any order or agreement for the recovery or preservation of property for the benefit of the aided person where, in respect of such property, there is a charge created under section 9(2) in favour of any fund established under this Act;

(b)

to enforce or give effect to any order or agreement for the payment of costs to an aided person in any proceedings to which an aided person is a party; or

(c)

to recover any sum due to any fund established under this Act from any person,and in such event —

(i)

no Grant of Aid shall be required in respect of the proceedings taken by the Director; and

(ii)

subsection (4) shall apply to the proceedings taken by the Director as if the proceedings were taken by an aided person.”; and

(h)

by deleting the marginal note and inserting the following section heading:“Endorsement and filing of Grant of Aid”.