Clause 7

by deleting subsections (1) and (2) and substituting the following subsections:“(1) The Director may approve an application for legal aid, and issue a Grant of Aid to an applicant in connection with any proceedings, if —

the Director is of the opinion that the applicant satisfies the prescribed means criteria; and

either of the following applies:

in any case where those proceedings are prescribed proceedings or belong to a prescribed class of proceedings — the Director is of the opinion that the applicant has reasonable grounds for taking, defending, continuing or being a party to those proceedings;

in any other case — a board (consisting of the Director and not fewer than 2 solicitors on an appropriate panel of solicitors maintained under section 4) is of the opinion that the applicant has reasonable grounds for taking, defending, continuing or being a party to those proceedings.(2) Pending the determination of an application under subsection (1), the Director may despite that subsection approve an application for legal aid, and issue a Grant of Aid on a provisional basis to an applicant in connection with any proceedings, if the Director is of the opinion that the applicant —

requires legal aid as a matter of urgency;

is likely to satisfy the prescribed means criteria; and

is likely to have reasonable grounds for taking, defending, continuing or being a party to those proceedings.”; and

by deleting subsection (4) and substituting the following subsections:“(4) Despite any provision of this Act (including any regulations made under this Act), the Minister may —

authorise the Director to issue a Grant of Aid to any person in connection with any proceedings, if the Minister is of the opinion that it is in the public interest that legal aid be granted to the person in that connection; and

direct the Director to approve an application for legal aid, and issue a Grant of Aid under subsection (1) or (2) to an applicant, even though the Director is of the opinion that the applicant does not satisfy, or is not likely to satisfy, the prescribed means criteria, if the Minister is of the opinion that it is just and proper that legal aid be granted to the applicant.(5) For the purposes of subsection (4)(b), the Minister may authorise any person (including a panel of persons), with such qualifications and experience as the Minister considers appropriate in relation to assessing the financial circumstances of an applicant, to exercise the power under that subsection.(6) An authorisation under subsection (5) —

may be subject to such conditions and restrictions as the Minister may specify in writing; and

does not prevent the Minister from exercising the power under subsection (4)(b).(7) Once an authorisation is made under subsection (5), the Minister must —

cause a copy of the authorisation to be given to the authorised person; and

without delay cause to be published a notice of the making and giving of the authorisation in the Gazette.”.