International Child Abduction (Application of Legislation relating to Legal Aid and Legal Advice) Regulations 2011

These Regulations may be cited as the International Child Abduction (Application of Legislation relating to Legal Aid and Legal Advice) Regulations 2011 and shall come into operation on 1st March 2011.

In these Regulations, “Director” means the Director of Legal Aid appointed under section 3 of the Legal Aid and Advice Act (Cap. 160) and includes a Deputy Director and an Assistant Director appointed under section 3 of that Act.

The following provisions of the Legal Aid and Advice Act (Cap. 160) shall, with such exceptions, modifications and adaptations as are specified in regulations 4, 5, 6, 7 and 7A, apply in relation to the provision of legal aid and legal advice under Part IV of the International Child Abduction Act 2010 as they apply in relation to the provision of legal aid and legal advice under the Legal Aid and Advice Act:

Part I (except section 3(4)(b));

Part II (except sections 8(4) and 19);

Part III;

Part IV (except section 23).

[Deleted by S 693/2019 wef 16/10/2019]

Section 5 of the Legal Aid and Advice Act (Cap. 160) shall have effect with the following modifications:

subsections (1), (1A), (1B) and (4) of that section do not apply;

instead, legal aid may be given to a person —

who is a citizen of, or habitually resident in, Singapore or a Contracting State; and

who is or will be —

a party to the proceedings under section 8 of the International Child Abduction Act 2010; or

the applicant in the proceedings under section 14 of the International Child Abduction Act 2010.

Section 6(2) of the Legal Aid and Advice Act (Cap. 160) shall have effect with the modification that where a guardian makes an application to the Director on behalf of an infant, the guardian must be a person who is a citizen of, or habitually resident in, Singapore or a Contracting State.

Section 11(2) of the Legal Aid and Advice Act (Cap. 160) shall have effect with the modification that the Director shall assign a solicitor, to be selected at his sole discretion, from the appropriate panel of solicitors maintained pursuant to section 4 of that Act, to act for each applicant.

Section 12(1) of the Legal Aid and Advice Act (Cap. 160) shall have effect with the modification that where a Grant of Aid is issued, the Director may assign a solicitor, to be selected at his sole discretion, from the appropriate panel of solicitors maintained pursuant to section 4 of that Act, to act for the applicant.

Section 20 of the Legal Aid and Advice Act (Cap. 160) has effect with the following modifications: (a)subsections (1) and (2) of that section do not apply;

instead, on the application of any person who is a citizen of, or habitually resident in, Singapore or a Contracting State —

the Director or an authorised solicitor may provide oral advice to the person on the law of Singapore in connection with the Convention; or

the Director may provide the person assistance with the preparation of an application by the person for legal aid under Part IV of the International Child Abduction Act (Cap. 143C).

[Deleted by S 693/2019 wef 16/10/2019]

The provisions of the Legal Aid and Advice Regulations (Cap. 160, Rg 1) apply in relation to the provision of legal aid and legal advice under Part IV of the International Child Abduction Act 2010 as they apply in relation to the provision of legal aid and legal advice under the Legal Aid and Advice Act (Cap. 160).

[Deleted by S 401/2019 wef 31/05/2019]

[Deleted by S 401/2019 wef 31/05/2019]

Where under any provision of the Legal Aid and Advice Act (Cap. 160) or the Legal Aid and Advice Regulations (Cap. 160, Rg 1) the conversion of foreign currency into Singapore currency is required to be made, the rate of exchange for the purpose of the conversion shall be the rate of exchange between that foreign currency and the Singapore currency applicable at the relevant time.

In this regulation, “relevant time” means —

in the case of determining whether the applicant satisfies the means criteria for legal aid prescribed in the Legal Aid and Advice Regulations —

subject to sub-paragraph (ii), the date on which an applicant makes an application for legal aid to the Director under section 6(1) or (2) of the Legal Aid and Advice Act (Cap. 160); or

the date on which the Director makes a further determination or such enquiries as to the means and condition of an applicant under section 7(a) of that Act; and

in the case of a contribution required to be made under section 22A(1) of the Legal Aid and Advice Act (Cap. 160) or a deposit in respect of out-of-pocket expenses required to be paid under section 13(1) of that Act, such of the following dates as the Director may, in his sole discretion, determine:

the date on which the Director makes a written request to an applicant for such contribution or deposit to be made; or

the date on which such contribution or deposit is received by the Director from an applicant pursuant to his written request.

Where under any provision of the Legal Aid and Advice Act (Cap. 160) or the Legal Aid and Advice Regulations (Cap. 160, Rg 1) the conversion of foreign currency into Singapore currency is required to be made, the rate of exchange for the purpose of the conversion shall be the rate of exchange between that foreign currency and the Singapore currency applicable at the relevant time.

In this regulation, “relevant time” means —

in the case of determining whether the applicant satisfies the means criteria for legal aid prescribed in the Legal Aid and Advice Regulations —

subject to sub-paragraph (ii), the date on which an applicant makes an application for legal aid to the Director under section 6(1) or (2) of the Legal Aid and Advice Act (Cap. 160); or

the date on which the Director makes a further determination or such enquiries as to the means and condition of an applicant under section 7(a) of that Act; and

in the case of a contribution required to be made under section 22A(1) of the Legal Aid and Advice Act (Cap. 160) or a deposit in respect of out-of-pocket expenses required to be paid under section 13(1) of that Act, such of the following dates as the Director may, in his sole discretion, determine:

the date on which the Director makes a written request to an applicant for such contribution or deposit to be made; or

the date on which such contribution or deposit is received by the Director from an applicant pursuant to his written request.