Mental Health Act 20266
|
Regulations concerning legal aid | ||
|
207. (1) The Commission, with the consent of the Minister and the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, may make regulations providing for the grant by the Commission of legal aid to affected persons in accordance with this Chapter. | ||
(2) Without prejudice to the generality of subsection (1), regulations under this section may provide for all or any of the following matters in respect of the provision of legal aid under this Chapter: | ||
(a) the criteria which a legal representative must satisfy in order to demonstrate that he or she is suitably qualified to be placed by the Commission on a panel; | ||
(b) the reasons and circumstances in which a legal representative on a panel may be removed from the panel; | ||
(c) the procedures concerning the appeal of decisions by the Commission in cases where an affected person is refused legal aid under section 204 by the Commission; | ||
(d) the terms and conditions to apply to— | ||
(i) a legal representative on a panel, and | ||
(ii) an assigned legal representative; | ||
(e) the procedures concerning the assignment of a legal representative; | ||
(f) the form and manner in which written confirmations are to be provided under section 203 (5); | ||
(g) the form and manner in which an application for legal aid is to be made under section 204 ; | ||
(h) the procedures to be followed by a legal representative following his or her assignment by the Commission to provide legal representation to an affected person; | ||
(i) the information to be provided to an affected person in respect of whom a legal representative is assigned; | ||
(j) the criteria for the authorisation by the Commission under section 206 (3) of persons by the Commission for the purposes of that section; | ||
(k) the procedures to ensure that legal representation of a sufficiently high standard is provided by assigned legal representatives, including— | ||
(i) measures to ensure the protection of the privacy and interests of persons in receipt of legal aid, and | ||
(ii) duties of assigned legal representatives; | ||
(l) the procedures regarding the engagement of witnesses; | ||
(m) any other matter which the Commission considers appropriate. |