Mental Health Act 20266
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Panel of legal representatives and provision of legal aid | ||
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203. (1) The Commission shall, on such terms and conditions as the Commission may, with the consent of the Minister and the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, from time to time determine, establish and maintain a panel or panels of legal representatives who are willing to provide legal aid to affected persons in respect of a relevant matter. | ||
(2) Where an affected person— | ||
(a) is the subject of an involuntary admission order, or | ||
(b) is the subject of a renewal order, | ||
the Commission shall, for the purposes of providing legal representation in relation to a relevant matter specified in section 202 (a), assign a legal representative to the person concerned from a panel as soon as practicable following the receipt by the Commission of the involuntary admission order or renewal order concerned, other than where the person concerned has engaged, or proposes to engage, a legal representative at his or her own expense. | ||
(3) Where an affected person is the subject of a proposal for transfer to the Central Mental Hospital under section 35 , the Commission shall, for the purposes of providing legal representation in relation to a relevant matter specified in section 202 (b), assign a legal representative to the person concerned from a panel as soon as practicable following the receipt by the Commission of such a proposal, other than where the person concerned has engaged, or proposes to engage, a legal representative at his or her own expense. | ||
(4) Where the Commission assigns a legal representative to an affected person, under this section or section 204 , but the person wishes to be provided with the services of a legal representative on the panel other than the legal representative so assigned, that person may make an application to the Commission in that regard and, save where the Commission considers it inappropriate, it shall assign an alternative legal representative from a panel to provide legal aid to the person concerned. | ||
(5) The Commission shall provide written confirmation, in the prescribed form and manner, of the assignment of a legal representative to an affected person— | ||
(a) to the assigned legal representative, and | ||
(b) to the affected person. | ||
(6) A person who is for the time being on a panel shall be disqualified from appointment to a review panel or a review board. | ||
(7) The Commission shall ensure that legal representation provided by an assigned legal representative is of a sufficiently high standard. | ||
(8) The cost of legal aid shall be discharged by the Commission out of moneys advanced to the Commission in accordance with section 128 . | ||
(9) Legal aid shall be provided free of charge to an affected person and without reference to his or her financial resources. | ||
(10) The Minister shall, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, from time to time, determine the fees to be paid to assigned legal representatives in respect of legal representation. |