Part 2Legal aid
Application and grant
15Special provisions relating to minors and mentally disordered persons
A minor aged 16 or over may apply for legal aid in respect of a civil matter in his or her own right and, despite any enactment or rule of law,—
- if a grant is made, is personally liable for any repayment required under it; and
- is personally liable for any costs that the court orders the person to pay; and
- may, unless the court directs otherwise, sue or be sued without a guardian ad litem or next friend.
An application for legal aid in respect of a civil matter for a person who is aged under 16 or is mentally disordered must be made by a person of full age and capacity.
If the rules of court require proceedings to be brought or defended by a next friend or guardian ad litem, then an application for legal aid in respect of a civil matter for a person who is aged under 16 or is mentally disordered must be made by the person's next friend or guardian ad litem, or by a person intending to act in that capacity.
An application for civil legal aid in respect of a person who is aged under 16 or is mentally disordered must be accompanied by an undertaking by the person making the application that he or she will pay any repayment required to be paid under the grant.
The Commissioner may waive any of the requirements or conditions set out in subsections (2) to (4).
Compare
- 2000 No 42 s 13