Part 2Legal aid
Application and grant
19Special provisions about conditions on grants to persons involved in proceedings under Family Violence Act 2018
In this section, person A means a person who is a party to proceedings (which includes appeals) that in any way relate to, or arise out of, an application by or on behalf of, or a grant in favour of, the person for a protection order under Part 4, or an order relating to property under Part 5, of the Family Violence Act 2018.
A grant of legal aid made to person A is not subject, and may not be made subject, to any of the conditions referred to in subsection (1), (2), or (3) of section 18, unless subsection (3) or (4) of this section applies.
The Commissioner may impose any of the conditions in subsection (1), (2), or (3) of section 18 on a grant of legal aid made to person A if the Commissioner considers there are exceptional circumstances that justify the imposition of 1 or more of those conditions.
If a grant of legal aid to person A is in respect of proceedings that involve matters in addition to proceedings under the Family Violence Act 2018, then the Commissioner may impose conditions on the part of the grant that relates to those additional matters.
If the Commissioner proposes to impose conditions under subsection (4), he or she must—
- consider any representations by person A concerning the proportion of the grant that should not be subject to conditions; and
- determine what proportion of the grant is subject to conditions, and what those conditions are; and
- advise person A of the Commissioner's decision, and explain how he or she decided what proportion of the grant should be subject to conditions.
Compare
- 2000 No 42 s 16
Notes
- Section 19 heading: amended, on , by section 259(1) of the Family Violence Act 2018 (2018 No 46).
- Section 19(1): amended, on , by section 259(1) of the Family Violence Act 2018 (2018 No 46).
- Section 19(4): amended, on , by section 259(1) of the Family Violence Act 2018 (2018 No 46).