Civil Legal Aid Act, 1995

Civil Legal Aid Act, 1995 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1995 Civil Legal Aid Act, 1995 Civil Legal Aid Act, 1995 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Print Full ActPriontáil an tAcht Iomlán Number 32 of 1995 CIVIL LEGAL AID ACT, 1995 ARRANGEMENT OF SECTIONS Section 1. Interpretation. 2. Establishment day. 3. Establishment of Legal Aid Board. 4. Membership of Board and terms of office of members. 5. Functions of Board. 6. Conferral of additional functions on Board. 7. General policy directives as to legal aid and advice. 8. Powers of Board. 9. Reports of Board. 10. Chief Executive of Board. 11. Staff of Board. 12. Membership of either House of Oireachtas or of European Parliament. 13. Dissolution of former Board. 14. Transfer of assets and liabilities of former Board. 15. Preservation of certain continuing contracts and adaptation of references to former Board. 16. Saving for certain acts. 17. Pending legal proceedings. 18. Advances by Minister to Board. 19. Legal Aid Fund. 20. Accounts and audits of Board. 21. Transfer of staff to Board. 22. Terms and conditions of staff transferred to the Board. 23. Superannuation. 24. General criteria for grant of legal aid and advice. 25. Legal advice. 26. Criteria for obtaining legal advice. 27. Legal aid. 28. Criteria for obtaining legal aid. 29. Financial eligibility and contributions towards cost of legal aid and advice. 30. Location of law centres and provision of legal aid and advice. 31. Selection of solicitor or barrister. 32. Relationship between lawyer and person in receipt of legal aid or advice. 33. Costs recoverable by or on behalf of a person in receipt of legal aid or advice. 34. Measurement of costs incurred by Board. 35. Refund of costs and damages. 36. Costs awarded against a person in receipt of legal aid. 37. Regulations. 38. Orders and regulations. 39. Expenses. 40. Short title. Number 32 of 1995 CIVIL LEGAL AID ACT, 1995 AN ACT TO MAKE PROVISION FOR THE GRANT BY THE STATE OF LEGAL AID AND ADVICE TO PERSONS OF INSUFFICIENT MEANS IN CIVIL CASES. [16th December, 1995] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Interpretation. 1.—(1) In this Act, unless the context otherwise requires— “the Act of 1956” means the Civil Service Regulation Act, 1956 ; “the Act of 1977” means the European Assembly Elections Act, 1977 ; “applicant” means a person applying for legal aid or advice or both; “application” means an application for legal aid or advice or both; “the Board” means the Legal Aid Board established by section 3 ; “certificate” means a civil legal aid certificate issued by the Board under section 28 authorising the grant of legal aid to the person to whom the certificate relates; “Chief Executive” shall be construed in accordance with section 10 ; “civil servant in the Civil Service of the Government” means a person holding a position in the Civil Service of the Government; “civil servant in the Civil Service of the State” means a person holding a position in the Civil Service of the State; “contribution” means the financial contribution payable by an applicant towards the cost of providing legal aid or advice, in accordance with section 29 ; “designated matters” has the meaning assigned to it by subsection (9) (a) of section 28 ; “employed” means employed under a contract of service or apprenticeship; “former Board” means the Legal Aid Board appointed under section 2.1 of the Scheme; “the Fund” means the Legal Aid Fund provided for in section 19 ; “law centre” has the meaning assigned to it by section 30 ; “legal advice” has the meaning assigned to it by section 25 ; “legal aid” has the meaning assigned to it by section 27 ; “the Minister” means the Minister for Equality and Law Reform; “officer of the Board” means a person (other than a solicitor's apprentice or a solicitor of the Board in respect of whom an order under section 11 (5) (a) is not in force) employed by the Board; “recognised trade unions and staff associations” means trade unions and staff associations recognised by the Board or former Board for the purpose of negotiations which are concerned with the remuneration, conditions of employment or working conditions of officers of the Board and employees of the Board; “Scheme” means the “Scheme of Civil Legal Aid and Advice” laid by the Minister for Justice before each House of the Oireachtas in the month of December, 1979, as amended; “solicitor of the Board” means a solicitor employed by the Board; “staff of the Board” means officers of the Board and solicitors of the Board. (2) (a) In this Act a reference to a section is a reference to a section of this Act, unless it is indicated that reference to some other enactment is intended. (b) In this Act a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended. Establishment day. 2.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Act. Establishment of Legal Aid Board. 3.—(1) On the establishment day there shall stand established a board to be known as An Bord um Chúnamh Dlíthiúil or, in the English language, the Legal Aid Board, and in this Act referred to as “the Board”, to perform the functions conferred on it by this Act. (2) The Board shall be a body corporate with perpetual succession and an official seal and power to sue and be sued in its corporate name and, with the consent of the Minister, to acquire, hold and dispose of land or an interest in land or rights over or in respect of land and to acquire, hold and dispose of any other property. (3) The Board shall, subject to the provisions of this Act, be independent in the exercise of its functions. Membership of Board and terms of office of members. 4.—(1) The Board shall consist of a chairperson and 12 ordinary members, who shall be appointed to be members of the Board by the Minister and who, subject to the provisions of this section, shall hold and vacate office upon such terms and conditions as the Minister, with the consent of the Minister for Finance, may determine. (2) (a) The Minister shall from time to time as occasion requires appoint a member of the Board to be chairperson thereof. (b) Where the chairperson of the Board ceases during his or her term of office as such chairperson to be a member of the Board, he or she shall thereupon also cease to be chairperson of the Board. (c) The chairperson of the Board shall, unless he or she sooner dies, resigns, becomes disqualified or is removed from office as chairperson, hold office as such chairperson until the expiration of his or her term of office as a member of the Board but, if he or she is re-appointed as a member of the Board, he or she shall be eligible for re-appointment as chairperson of the Board. (3) (a) In appointing persons to be members of the Board, the Minister shall have regard to the desirability of their having knowledge or experience of the law, the practice and procedure of the Courts, business, finance, management and administration, consumer or social affairs, or of any other subject, which would, in the opinion of the Minister, be of assistance to the Board in the performance of its functions. (b) Of the members of the Board— (i) 2 shall be barristers who have been engaged in practice as such for a period of not less than 7 years prior to their appointment as such members, and if either such member ceases during his or her term of office as such to be a practising barrister, he or she shall thereupon cease to be a member of the Board, (ii) 2 shall be solicitors who have been engaged in practice as such for a period of not less than 7 years prior to their appointment as such members and, if either such member ceases during his or her term of office as such to be a practising solicitor, he or she shall thereupon cease to be a member of the Board, (iii) 2 shall be members of the staff of the Board, (iv) not less than 5 shall be men, and (v) not less than 5 shall be women. (4) (a) The term of office of a member of the Board shall be not more than 5 years and no person shall be appointed a member of the Board for more than 2 terms. (b) Each member of the Board shall act on a part-time basis save where the Minister, on being satisfied that it is necessary to do so in the interest of the proper functioning of the Board and with the consent of the Minister for Finance, appoints any such member or members to act on a full-time basis. (c) Each member of the Board shall be paid, out of the Fund, such remuneration (if any), superannuation benefits and allowances for expenses as the Minister with the consent of the Minister for Finance, may, from time to time determine. (d) A member of the Board may at any time resign his or her office as a member by letter addressed to the Minister and the resignation shall take effect as and from the date on which the Minister receives the letter. (e) The Minister may at any time remove a member of the Board from office who, in the opinion of the Minister, has become incapable through ill-health of effectively performing his or her functions or has committed stated misbehaviour or whose removal appears to the Minister to be necessary for the effective performance by the Board of its functions. (5) (a) If a member of the Board dies, resigns, becomes disqualified or is removed from office, the Minister may appoint a person to be a member of the Board to fill the casual vacancy so occasioned. (b) Subject to the other provisions of this section, a person appointed to be a member of the Board by virtue of this paragraph shall hold office for the remainder of the term of office of the member who occasioned the casual vacancy he or she is appointed to fill and shall be eligible for re-appointment for one further term as a member of the Board. (6) The Board shall hold such and so many meetings as may be necessary for the performance of its functions. (7) The Minister may fix the date, time and place of the first meeting of the Board. (8) The quorum for a meeting of the Board shall be 5 or such other number (not being less than 5) as the Board may from time to time determine. (9) At a meeting of the Board— (a) the chairperson of the Board shall, if present, chair the meeting, and (b) if and so long as the chairperson is not present or if the office of chairperson of the Board is vacant, the members of the Board who are present shall choose one of their number to chair the meeting. (10) The chairperson of the Board and each ordinary member of the Board present at a meeting thereof shall have a vote. (11) Every question at a meeting of the Board shall be determined by a majority of the votes of the members present and voting on the question and, in the case of an equal division of votes, the chairperson of the Board or, in the absence of the chairperson, the member chosen to chair the meeting shall have a second or casting vote. (12) The Board, and any committee appointed by the Board, may act notwithstanding one or more than one vacancy among its members. (13) Subject to the provisions of this Act, the Board shall regulate, by standing orders or otherwise, the procedure and business of the Board. (14) The Board shall, as soon as may be after its establishment, provide itself with a seal. (15) The seal of the Board shall be authenticated by the signature of its chairperson, or another member of the Board authorised by it to act in that behalf and by the signature of an officer of the Board authorised by it to act in that behalf. (16) Judicial notice shall be taken of the seal of the Board and every document purporting to be an instrument made by the Board and to be sealed with the seal (purporting to be authenticated in accordance with subsection (15)) of the Board shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown. Functions of Board. 5.—(1) The principal function of the Board shall be to provide, within the Board's resources and subject to the other provisions of this Act, legal aid and advice in civil cases to persons who satisfy the requirements of this Act. (2) The Board shall, to such extent and in such manner as it considers appropriate, disseminate, for the benefit of those for whom its services are made available, information in relation to those services and their availability. (3) The Board may perform any of its functions through any of its members or any member of its staff duly authorised by the Board in that behalf. Conferral of additional functions on Board. 6.—The Minister may, with the consent of the Minister for Finance, by order, assign to the Board such additional functions as the Minister considers to be incidental to or consequential on the functions assigned to it by this Act. General policy directives as to legal aid and advice. 7.—(1) The Minister may, by order, from time to time as occasion requires, issue to the Board such general directives as to policy in relation to legal aid and advice as he or she considers necessary. (2) The Board shall, in performing its functions, comply with any directive under this section. (3) Nothing in this Act shall be construed as enabling the Minister to exercise any power or control in relation to any particular case with which the Board is or may be concerned. Powers of Board. 8.—Subject to the provisions of this Act, the Board may do anything which it considers necessary or expedient for enabling it to perform its functions under this Act. Reports of Board. 9.—(1) Not later than the 30th day of September in each year, the Board shall make a report to the Minister, in such form as he or she may approve, of its activities during the preceding year. (2) The Board— (a) shall, at the request of the Minister, supply him or her with such information relating to the performance of its functions as the Minister may from time to time specify, and (b) may supply him or her with such information or advice so relating as it considers appropriate. (3) The Minister shall cause a copy of every report received by him or her under subsection (1) to be laid before each House of the Oireachtas. Chief Executive of Board. 10.—(1) There shall be a chief executive officer of the Board (in this Act referred to as “the Chief Executive”) who shall be appointed as such by the Minister on the recommendation of the Civil Service Commissioners and who shall, upon such appointment, be a civil servant in the Civil Service of the State. (2) The Chief Executive shall perform such functions as may be assigned to him or her by the Board under this subsection. (3) Such functions of the Chief Executive assigned to him or her under subsection (2) as may be specified by the Chief Executive from time to time may, with the consent of the Board, be performed by such member of the staff of the Board as may be authorised in that behalf by the Chief Executive. (4) The functions of the Chief Executive assigned to him or her under subsection (2) may be performed during his or her absence or when the post of chief executive is vacant by such of the staff of the Board as may from time to time be designated for that purpose by the Board. Staff of Board. 11.—(1) Subject to section 10 , the Board may appoint such number of persons to the staff of the Board as may be approved of by the Minister with the consent of the Minister for Finance. (2) The grades of the staff of the Board and the numbers of staff in each grade shall, with the approval of the Minister given with the consent of the Minister for Finance, be determined by the Board. (3) An officer of the Board shall, upon his or her appointment as such, be a civil servant in the Civil Service of the State. (4) Subject to subsection (5), a solicitor of the Board shall hold his or her employment on such terms and conditions as may, with the approval of the Minister given with the consent of the Minister for Finance, be determined by the Board. (5) (a) The Minister may, with the consent of the Minister for Finance, by order designate solicitors of the Board as civil servants in the Civil Service of the State, to take effect— (i) in the case of a solicitor of the Board appointed on or before the date of the making of such order, from the date of the making of such order, and (ii) in the case of a solicitor of the Board appointed after the date of the making of such order, from the date of such appointment. (b) The Minister shall not make an order under paragraph (a) without having— (i) notified in writing any recognised trade unions or staff associations concerned and the Board of the Minister's intention so to do, and (ii) considered, within such time as may be specified in this notice, any representations made by such trade unions, staff associations or the Board, in relation to the matter. (6) (a) The appropriate authority (within the meaning of the Civil Service Commissioners Act, 1956 , and the Civil Service Regulation Acts, 1956 and 1958) in relation to officers of the Board and solicitors of the Board who are civil servants in the Civil Service of the State shall, for the purposes of those Acts, be the Minister. (b) The Minister may delegate to the Board the powers exercisable by him under section 5 of the Civil Service Commissioners Act, 1956 , and the Civil Service Regulation Acts, 1956 and 1958, as the appropriate authority in relation to officers of the Board and solicitors of the Board who are civil servants in the Civil Service of the State, and if he or she does so, then as long as the delegation remains in force— (i) those powers shall, in lieu of being exercisable by the Minister, be exercisable by the Board, and (ii) the Board shall, in lieu of the Minister be, for the purposes of the said section 5 and the said Acts, the appropriate authority in relation to the said officers and solicitors. (c) The Minister may revoke a delegation made by him under paragraph (b), but such revocation shall not affect anything done by virtue of the delegation under the said paragraph or the said Acts and anything so done shall continue in force and shall, for the purposes of the said section 5 and the said Acts, have effect as if done by the Minister. (7) The Board may engage under contracts for services such, and such number of, persons to provide such services to the Board under such terms and conditions as may, with the approval of the Minister given with the consent of the Minister for Finance, be determined by the Board. (8) A person appointed under subsection (1) or a person engaged under subsection (7) shall be paid out of the Fund, such remuneration or fees and allowances for expenses (if any) incurred by the person as may, with the approval of the Minister given with the consent of the Minister for Finance, be determined by the Board. Membership of either House of Oireachtas or of European Parliament. 12.—(1) Where a member of the Board is— (a) nominated as a member of Seanad Éireann, or (b) elected as a member of either House of the Oireachtas or to the European Parliament, or (c) regarded pursuant to section 15 (inserted by the European Parliament Elections Act, 1993 ) of the Act of 1977, as having been elected to the European Parliament to fill a vacancy, he or she shall thereupon cease to be a member of the Board. (2) Where a member of the staff of the Board is— (a) nominated as a member of Seanad Éireann, or (b) elected as a member of either House of the Oireachtas or to the European Parliament, or (c) regarded, pursuant to section 15 (as so inserted) of the Act of 1977, as having been elected to the European Parliament to fill a vacancy, he or she shall thereupon stand seconded from his or her employment with the Board and shall not be paid by, or be entitled to receive from, the Board remuneration or allowances in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected (as the case may be) and ending when he or she ceases to be a member of either such House or such Parliament. (3) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament shall, while he or she is so entitled or is such a member, be disqualified from becoming a member, or a member of the staff, of the Board. (4) Without prejudice to the generality of subsection (2), that subsection shall be construed as prohibiting, among other things, the reckoning of a period mentioned in that subsection as service with the Board for the purposes of any superannuation benefits. Dissolution of former Board. 13.—(1) The former Board shall, on the establishment day, become and be dissolved. (2) References in any Act of the Oireachtas passed before the establishment day or in any instrument made before the establishment day under an Act of the Oireachtas to the former Board shall, on and after that day, be construed as references to the Board. Transfer of assets and liabilities of former Board. 14.—(1) The following shall be and hereby are transferred to the Board on the establishment day: (a) all property and rights relating to such property held or enjoyed immediately before that day by the former Board or any trustee or agent thereof acting on its behalf, and (b) all liabilities incurred before that day by the former Board or any trustee or agent thereof acting on its behalf that had not been discharged before that day, and, accordingly, without any further conveyance, transfer or assignment— (i) the said property, real and personal, shall on that day, vest in the Board for all the estate, term or interest for which, immediately before that day, it was so vested in the former Board, as the case may be, but subject to all trusts and equities affecting the property and capable of being performed, (ii) the said rights shall, as on and from that day, be enjoyed by the Board, and (iii) the said liabilities shall, as on and from that day, be liabilities of the Board. (2) All property and rights relating thereto transferred to the Board by this section that, on the establishment day, were so standing in the name of the former Board or any said trustee or agent thereof shall, upon the request of the Board, be transferred into its name. (3) Every right and liability transferred to the Board by this section may, on or after the establishment day, be sued on, recovered or enforced by or against the Board in its own name and it shall not be necessary for the Board to give notice to the person whose right or liability is transferred by this section of the transfer. (4) Section 12 of the Finance Act, 1895 , shall not apply to the vesting in the Board of the property or rights transferred by this section. Preservation of certain continuing contracts and adaptation of references to former Board. 15.—(1) Every contract or agreement made between the former Board, or any trustee or agent thereof acting on its behalf, and any other person and in force but not fully executed and completed immediately before the establishment day shall continue in force on or after that day and shall be construed and have effect as if the name of the Board was substituted therein for that of the former Board or, as appropriate, its said trustee or agent. (2) References to the former Board, or any trustee or agent thereof acting on its behalf, contained immediately before the establishment day in the memorandum and articles of association of any company shall, on and after that day, be construed as references to the Board. Saving for certain acts. 16.—Nothing in this Act shall affect the validity of any act that was done before the establishment day by or on behalf of the former Board and every such act shall, if and in so far as it was operative immediately before that day, have effect on and after that day as if it had been done by or on behalf of the Board. Pending legal proceedings. 17.—Where immediately before the establishment day, any legal proceedings are pending in any court or tribunal and the former Board, or any trustee or agent thereof acting on its behalf, is a party to the proceedings, the name of the Board shall be substituted therein for that of the former Board or, as appropriate, the said trustee or agent thereof and the proceedings shall not abate by reason of such substitution. Advances by Minister to Board. 18.—The Minister may in each financial year, with the consent of the Minister for Finance, advance to the Board out of moneys provided by the Oireachtas, such sum or sums as the Minister, after consultation with the Board, may determine for the purposes of expenditure by the Board in the performance of its functions under this Act. Legal Aid Fund. 19.—(1) The Board shall, subject to such conditions as may, with the consent of the Minister for Finance, be prescribed by the Minister, establish and maintain a fund to be known as the Legal Aid Fund. (2) The Fund shall consist of all resources of the Board, including— (a) sums advanced to the Board pursuant to section 18 , and (b) all other payments made to the Fund or the Board, including contributions paid into the Fund pursuant to section 29 by persons who have been granted legal aid and advice and costs and damages recovered by such persons and paid into the Fund pursuant to section 33 in accordance with regulations (if any) made under section 37 . (3) There shall be paid out of the Fund such sums as are required to be expended by the Board in order that it may perform its functions under this Act. Accounts and audits of Board. 20.—(1) The Board shall keep in such form as may be approved by the Minister, with the consent of the Minister for Finance, all proper and usual accounts of the resources of the Board (including contributions the payment of which has been waived under section 29 (2)) and all moneys received into the Fund and expended out of it, which accounts shall include an income and expenditure account and balance sheet and, in particular, shall keep such special accounts as the Minister may from time to time direct. (2) Accounts kept in pursuance of this section shall be submitted, as soon as may be after the end of each financial year to which they relate by the Board to the Comptroller and Auditor General for audit and a copy of the income and expenditure account and of the balance sheet and of such other (if any) of its accounts as the Minister may direct and a copy of the Comptroller and Auditor General's report on the accounts shall be presented to the Minister as soon as may be and the Minister shall cause copies of each of the documents aforesaid to be laid before each House of the Oireachtas. Transfer of staff to Board. 21.—(1) Every person who immediately before the establishment day is employed by the former Board shall, on that day, be transferred to, and become a member of the staff of, the Board. (2) Every person, being a civil servant of the Government, who immediately before the establishment day is on secondment to the former Board and who has been designated by the Minister, at any time before such day as may be appointed by the Minister by order, shall on the day of such designation be transferred to and become a member of the staff of the Board. (3) The Minister shall not make an order under subsection (2) without having— (a) notified in writing any recognised trade unions or staff associations concerned and the Board of his or her intention so to do, and (b) considered, within such time as may be specified in the notice, any representations made by such trade unions, staff associations or the Board, in relation to the matter. Terms and conditions of staff transferred to the Board. 22.—(1) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person who is transferred by section 21 (1) to the staff of the Board shall not, while in the service of the Board, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service than the scale of pay to which that person was entitled and the terms and conditions of service to which he or she was subject immediately before the day on which he or she was so transferred. (2) Until such time as the scale of pay and the terms and conditions of service of a person transferred by section 21 (2) to the staff of the Board are varied by the Board, following consultation with any recognised trade unions and staff associations concerned, the scale of pay to which he or she was entitled and the terms and conditions of service, restrictions, requirements and obligations to which he or she was subject immediately before his or her transfer shall continue to apply to him or her and may be applied or imposed by the Board while he or she is a member of the staff of the Board, and no such variation shall operate to worsen the scale of pay or the terms or conditions of service aforesaid applicable to such person immediately before the day on which he or she was so transferred to the staff of the Board, save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned. (3) In relation to persons transferred by section 21 (1) to be solicitors of the Board and in respect of whom no order under subsection (5) (a) of section 11 is, for the time being, in force, previous service in the former Board shall be reckonable for the purposes of, but subject to any other exceptions or exclusions in, the Redundancy Payments Acts, 1967 to 1991, the Holidays (Employees) Acts, 1973 and 1991, the Minimum Notice and Terms of Employment Acts, 1973 to 1991, the Unfair Dismissals Acts, 1977 to 1993, and the Terms of Employment (Information) Act, 1994 . Superannuation. 23.—(1) The Board may, with the approval of the Minister given with the consent of the Minister for Finance, make a scheme or schemes for the granting of superannuation benefits to or in respect of members of the staff of the Board other than officers of the Board or solicitors of the Board in respect of whom an order under subsection (5) (a) of section 11 is, for the time being, in force. (2) A scheme under subsection (1) shall fix the time and conditions of retirement of all persons to or in respect of whom superannuation benefits are payable under the scheme or schemes and different times and conditions may be fixed in respect of different classes of persons. (3) The Board may, with the approval of the Minister given with the consent of the Minister for Finance, make a scheme amending or revoking a scheme under this section including a scheme under this subsection. (4) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable in pursuance of a scheme or schemes under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final. (5) No superannuation or other benefit shall be granted by the Board on the resignation, retirement or death of a member of the staff of the Board otherwise than in accordance with a scheme or schemes under this section. (6) A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. (7) (a) A scheme or schemes under subsection (1) shall, as respects a person transferred by section 21 to a position on the staff of the Board, provide for the granting to or in respect of him or her of superannuation benefits upon and subject to terms and conditions that are not less favourable to him or to her than the terms and conditions applied to him or her immediately before the day on which he or she was so transferred in relation to the grant of such benefits. (b) Where, during the period between the establishment day and the coming into operation of a scheme under this section, superannuation benefits would have been granted to or in respect of that person in respect of such employment had he or she continued to be employed during that period by the former Board, the superannuation benefits shall be granted and paid to or in respect of the person by the Board in accordance with the scheme of such enactments in relation to superannuation as applied to the person immediately before his or her transfer and, for that purpose, his or her pensionable service with the Board shall be aggregated with his or her previous pensionable service. (8) In this section and in section 12 “superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death. General criteria for grant of legal aid and advice. 24.—Without prejudice to the other provisions of this Act a person shall not be granted legal aid or advice unless, in the opinion of the Board— (a) a reasonably prudent person, whose means were such that the cost of seeking such services at his or her own expense, while representing a financial obstacle to him or her would not be such as to impose undue hardship upon him or her, would be likely to seek such services in such circumstances at his or her own expense, and (b) a solicitor or barrister acting reasonably would be likely to advise him or her to obtain such services at his or her own expense. Legal advice. 25.—In this Act, subject to section 26 (4), “legal advice” means any oral or written advice given by a solicitor of the Board or by a solicitor or barrister engaged by the Board for that purpose under section 11 — (a) on the application of the law of the State to any particular circumstances which have arisen in relation to the person seeking the advice, and (b) as to any steps which that person might appropriately take having regard to the application of the law of the State to those circumstances, and includes any assistance given by such a solicitor or barrister, to any person in taking any such steps as are referred to in paragraph (b), whether by assisting a person in taking any such steps on his or her own behalf or taking any such steps (other than the institution or conduct, including defence, of civil proceedings) on the person's behalf. Criteria for obtaining legal advice. 26.—(1) Subject to sections 24 and 29 and to the other provisions of this section and to regulations (if any) made under section 37 , the Board shall grant legal advice under this section to an applicant if, in the opinion of the Board, the applicant satisfies the criteria in respect of financial eligibility specified in section 29 and in such regulations (if any) as aforesaid. (2) Subject to subsection (3), a person shall not qualify for legal advice in respect of— (a) a criminal law matter unless the advice sought concerns the procedure by which legal aid may be obtained under the Criminal Justice (Legal Aid) Act, 1962 , in which case he or she shall qualify for such legal advice free of any contribution; (b) the matters referred to in section 28 (9) (a); (c) a matter concerning which the Board considers it would be possible for the person, without hardship, to obtain the appropriate advice without obtaining legal advice under this Act. (3) Notwithstanding subsection (2) (and subject to the other provisions of this Act)— (a) a person shall qualify for legal advice in respect of a conveyancing matter connected to a matter in which legal aid or advice has already been given, and (b) a complainant in a prosecution for the offence of rape under the common law or under section 2 of the Criminal Law (Rape) Act, 1981 or of aggravated sexual assault under section 3 or of rape under section 4 of the Criminal Law (Rape) (Amendment) Act, 1990 , or of unlawful carnal knowledge under section 1 or 2 of the Criminal Law Amendment Act, 1935 , or of incest under section 1 or 2 of the Punishment of Incest Act, 1908 , shall qualify for legal advice free of any contribution. (4) Where a person would qualify for legal advice, but for the fact that the advice sought concerns the application of the law of another State, such person shall be entitled to obtain such guidance or assistance in relation to the matter as the Board deems appropriate. (5) Where a person obtains legal advice and subsequently obtains legal aid in connection with the same matter, the legal services provided will be deemed to be legal aid and all the conditions applying to legal aid, including the level of any contributions payable under section 29 by a person in receipt of legal aid, will apply, save that the level of any such contribution shall be reduced by any amount previously paid for legal advice in connection with such matter. (6) The Board may require a person to whom it is granting legal advice to comply with such requirements as it reasonably considers expedient to enable it to satisfy itself that it is reasonable for the person to continue to receive legal advice. (7) The Board may cease to grant legal advice under this section to a person where it considers that it is no longer reasonable for the person to continue to receive it and, in particular, where the person no longer satisfies the requirements in respect of financial eligibility specified in section 29 and in regulations under section 37 . Legal aid. 27.—(1) In this Act “legal aid” means representation by a solicitor of the Board, or a solicitor or barrister engaged by the Board under section 11 , in any civil proceedings to which this section applies and includes all such assistance as is usually given by a solicitor and, where appropriate, barrister in contemplation of, ancillary to or in connection with, such proceedings, whether for the purposes of arriving at or giving effect to any settlement in the proceedings or otherwise. (2) This section applies to all civil proceedings other than those relating to designated matters in respect of which there is not for the time being an order in force under subsection (10) of section 28 — (a) conducted in the District Court, the Circuit Court, the High Court or the Supreme Court, or (b) conducted in any court or before any tribunal for the time being prescribed by the Minister, with the consent of the Minister for Finance, by order under this section, including proceedings arising out of or connected with such proceedings conducted before an officer of such court or tribunal, by its direction and proceedings under Article 177 of the Treaty establishing the European Economic Community, signed at Rome on the 25th day of March, 1957. Criteria for obtaining legal aid. 28.—(1) A person shall not be granted legal aid unless the person is granted a legal aid certificate under this section in respect of the legal aid sought. (2) Subject to sections 24 and 29 and the other provisions of this section and to regulations (if any) made under section 37 , the Board shall grant a legal aid certificate under this section to a person if, in the opinion of the Board— (a) the applicant satisfies the criteria in respect of financial eligibility specified in section 29 , (b) the applicant has as a matter of law reasonable grounds for instituting, defending, or, as may be the case, being a party to, the proceedings the subject matter of the application, (c) the applicant is reasonably likely to be successful in the proceedings, assuming that the facts put forward by him or her in relation to the proceedings are proved before the court or tribunal concerned, (d) the proceedings the subject matter of the application are the most satisfactory means (having regard to all the circumstances of the case, including the probable cost to the applicant) by which the result sought by the applicant or a more satisfactory one, may be achieved, and (e) having regard to all the circumstances of the case (including the probable cost to the Board, measured against the likely benefit to the applicant) it is reasonable to grant it. (3) Where the proceedings the subject matter of the application under this section concern the welfare of (including the custody of or access to) a child, paragraphs (c) and (e) of subsection (2) shall not apply. (4) Notwithstanding subsection (2), the Board may refuse to grant a legal aid certificate if it is of the opinion that— (a) the applicant may obtain the cost of the proceedings the subject matter of the application from, or be provided with legal representation by, a body or association of which he or she is a member or any other source, (b) the applicant has on a previous occasion obtained legal aid or advice within the meaning of the Scheme or under this Act in respect of another matter and has, without reasonable explanation, failed to comply with the terms on which such legal aid or advice was granted, (c) the cost to the applicant of engaging a solicitor and, where necessary, a barrister to represent him or her in the proceedings without legal aid would be less than the contribution payable by him or her under section 29 and regulations (if any) under section 37 , (d) such information as is reasonably required by the Board from the applicant to enable it to make a decision on whether to grant a legal aid certificate or not has not been provided by him or her, or (e) due to the act, omission or neglect of the applicant any regulation under section 37 cannot be complied with in respect of the application. (5) Notwithstanding any other provision of this Act, the Board shall grant a legal aid certificate to a person— (a) where the State is, by virtue of an international instrument, under an obligation to provide civil legal aid to the person: Provided that the person shall, before being granted such certificate, comply with such requirements (if any) as are specified in the international instrument and relate to him or her, (b) where the Central Authority in the State, within the meaning of the Child Abduction and Enforcement of Custody Orders Act, 1991 , is under an obligation to provide assistance to the person under the said Act of 1991, for the purpose of being provided with such assistance, or (c) where the Central Authority, within the meaning of the Maintenance Act, 1994 , is under an obligation to provide assistance to the person under the said Act of 1994, for the purpose of being provided with such assistance. (6) The Board may require a person to whom it has granted a legal aid certificate to comply with such requirements as it reasonably considers expedient to enable it to satisfy itself that it is reasonable for the person to continue to receive legal aid. (7) The Board may revoke a legal aid certificate granted to a person under this section where it considers that it is no longer reasonable for the person to continue to receive legal aid and, in particular, where the person no longer satisfies the requirements in respect of financial eligibility specified in section 29 and in regulations under section 37 . (8) Notwithstanding subsection (2), the Board shall not grant a legal aid certificate in respect of proceedings in a court other than the lowest court having jurisdiction in the matter: Provided that the Board may grant a legal aid certificate to an applicant who, by virtue of any other party to the proceedings, is obliged to take, defend or be a party to the proceedings in a higher court. (9) (a) Subject to any order made under subsection (10) and to the other provisions of this subsection, legal aid shall not be granted by the Board in respect of any of the following matters (referred to in this Act as “designated matters”): (i) defamation; (ii) disputes concerning rights and interests in or over land; (iii) civil matters within the jurisdiction of the District Court (Small Claims Procedure) Rules, 1993; (iv) licensing; (v) conveyancing; (vi) election petitions; (vii) a matter as respects which the application for legal aid is made in a representative, fiduciary or official capacity and the Board, having regard to any source from which the applicant is or may be entitled to be indemnified in respect of the costs of the proceedings concerned and any resources of the persons who would be likely to benefit from a successful outcome of the proceedings for the applicant, is of opinion that legal aid should not be granted; (viii) a matter the proceedings as respects which, in the opinion of the Board, are brought or to be brought by the applicant as a member of and by arrangement with a group of persons for the purpose of establishing a precedent in the determination of a point of law, or any other question, in which the members of the group have an interest; (ix) any other matter as respects which the application for legal aid is made by or on behalf of a person who is a member, and acting on behalf, of a group of persons having the same interest in the proceedings concerned. (b) The making of a counterclaim for defamation in proceedings for which a legal aid certificate may otherwise be granted by the Board will not of itself disqualify the defendant to the counterclaim from obtaining such a certificate in respect of those proceedings. (c) Notwithstanding the provisions of paragraph (a) and subject to the other provisions of this Act, legal aid may be granted— (i) in respect of proceedings under the Landlord and Tenant Acts, 1967 to 1994 (in so far as they relate to residential property), the Married Women's Status Act, 1957 , the Rent Restrictions Acts, 1960 and 1967, the Family Home Protection Act, 1976 , the Family Law Act, 1981 , or proceedings arising out of a dispute between spouses as to the title to or possession of any property; (ii) in respect of proceedings arising out of a dispute as to the title to or possession of any property— (I) between two persons as respects whom an agreement to marry one another is in force or who are living together as man and wife but are not married to each other, or (II) between two persons as respects whom an agreement to marry one another has been terminated or who, having lived together as man and wife without being married to each other, have ceased to live together as man and wife, where either or both of them had title to or possession of the property at a time when the agreement to marry was in force or, as the case may be, they were living together as man and wife; (iii) where a subject matter of the dispute is the applicant's home (or what would be the applicant's home but for the dispute) and the Board considers that the applicant— (I) suffers from an infirmity of mind or body due to old age or to other circumstances, or (II) may have been subjected to duress, undue influence or fraud in the matter, and that a refusal to grant legal aid would cause hardship to the applicant; (iv) in connection with the preparation of an assent, if the Board is satisfied that the assent relates to the applicant's home and where— (I) a grant of representation has been taken out on behalf of the applicant, or (II) the applicant had taken out a personal grant of representation, and that a refusal to grant legal aid would cause hardship to the applicant; (v) in respect of licensing matters, provided that the Board is satisfied that the granting of the licence the subject matter of the dispute would cause hardship to the applicant; (vi) in respect of a conveyancing matter connected to a matter in which legal aid or advice has already been granted. (d) An application for a legal aid certificate shall not be refused by reason only of the fact that a successful outcome to the proceedings for the applicant would benefit persons other than the applicant. (10) The Minister may, with the consent of the Minister for Finance, by order disapply subsection (9) from any matter to which that subsection, for the time being applies and, if the Minister makes an order under this subsection, then any matter referred to in the order shall, for so long as the order is in force, cease to be a designated matter for the purpose of this Act, and the provisions of this Act relating to designated matters shall accordingly cease to apply to the matter so referred to in the order. (11) In this section, “child” means a person who is under the age of 18 years, other than a person who is or has been married. Financial eligibility and contributions towards cost of legal aid and advice. 29.—(1) Subject to sections 24 , 26 and 28 and the other provisions of this section, a person shall not qualify for legal aid or advice unless he or she— (a) satisfies the requirements in respect of financial eligibility specified in this section, and in regulations under section 37 , and (b) pays to the Board a contribution towards the cost of providing the legal aid or advice determined in accordance with regulations under section 37 . (2) The Board may, in accordance with regulations under section 37 , provide legal aid or advice to an applicant without reference to his or her financial resources and may waive any contribution payable pursuant to this section and to any other regulations under section 37 or may accept a lower contribution. (3) An applicant's financial eligibility shall be assessed by reference to the applicant's disposable income and, where appropriate, disposable capital and the contribution payable by the applicant pursuant to subsection (1) (b) shall be assessed by reference to the applicant's disposable income and, where appropriate, disposable capital, as prescribed by the Minister by regulations under section 37 . (4) Subject to subsection (2), an applicant whose disposable income exceeds the amount prescribed by the Minister by regulations under section 37 shall not be eligible to obtain legal aid or advice. (5) Subject to subsection (2), an applicant whose disposable capital exceeds the amount prescribed by the Minister by regulations under section 37 shall not be eligible to obtain legal aid or advice. (6) If, in the opinion of the Board, the behaviour of the person applying for or in receipt of legal aid or advice is such that the costs of providing the legal aid or advice concerned are likely to be increased unnecessarily, the Board may, after notifying the person of its intention so to do— (a) in the case of a person applying for legal aid or advice, refuse to grant such legal aid or advice or increase the amount of the contribution which would otherwise be payable by the person under this section, (b) in the case of a person in receipt of legal aid, revoke the legal aid certificate or increase the amount of the contribution payable by the person under this section, and (c) in the case of a person in receipt of legal advice, cease to grant such legal advice or increase the amount of the contribution which would otherwise be payable by the person under this section. (7) If, in the opinion of the Board, an applicant, with intent to reduce his or her disposable income or disposable capital, has directly or indirectly deprived himself or herself of any resources for the purpose of qualifying for legal aid or advice under this Act, the resources of which he or she has so deprived himself or herself will be treated as part of his or her resources. (8) In this section— “capital”, in relation to an applicant, means the value of every resource of a capital nature and shall include such matters as may be specified by the Minister in regulations under section 37 (2) (c); “disposable capital”, in relation to an applicant, means the amount of his or her capital after making such deductions and allowances as may be specified by the Minister in regulations under section 37 (2) (c); “disposable income”, in relation to an applicant, means his or her income after making such deductions and allowances as may be specified by the Minister in regulations under section 37 (2) (c); and “income”, in relation to an applicant, means the income which he or she may reasonably expect to receive from all sources during the year succeeding the date of application but shall, in the absence of what the Board considers to be a satisfactory means for ascertaining it, be taken to be the income actually received during the year immediately preceding the date of application and shall include such matters as may be specified by the Minister in regulations under section 37 (2) (c) or such income as is ascertained by the Board to be the income in accordance with regulations under section 37 (2) (c). Location of law centres and provision of legal aid and advice. 30.—(1) The Board may make legal aid and advice available through centres, to be known as law centres, established by it under this section with the consent of the Minister or established or used by the former Board for the provision of services under the Scheme, or through solicitors or barristers whose names are entered on panels established and maintained by it under subsection (3). (2) Subject to the other provisions of this Act, a person shall be entitled to apply for legal aid or advice through any law centre irrespective of his or her place of residence. (3) The Board may establish and maintain— (a) a panel (to be known as “the solicitors' panel”) containing a list of names of solicitors who are willing to provide legal aid and advice, and (b) a panel (to be known as “the barristers' panel”) containing a list of names of barristers who are willing to provide legal aid and advice, on such terms and conditions as the Board may, with the consent of the Minister and the Minister for Finance, from time to time determine. (4) Any solicitor or barrister who is prepared to comply with the terms and conditions referred to in subsection (3) shall be entitled to have his or her name included on the appropriate panel unless his or her conduct when providing or selected to provide legal aid or advice or his or her professional conduct generally render him or her unsuitable, in the opinion of the Board, to provide such aid or advice. (5) Where a solicitor is entered on the solicitors' panel on behalf of a firm of solicitors he or she shall, when providing legal aid or advice, be deemed to do so on behalf of the firm. (6) Any law centre may provide legal aid or advice to more than one party to a dispute provided that each such party is represented by a separate solicitor and, where appropriate, barrister. (7) All communications and notices in any proceedings in respect of which legal aid is being granted may be addressed to the law centre responsible for providing the legal aid concerned. Selection of solicitor or barrister. 31.—(1) The Board shall, upon deciding to grant legal aid or advice to a person, nominate a solicitor of the Board for the purpose of providing such person with such legal aid or advice, or refer the person to the solicitors' panel to select a solicitor therefrom, which solicitor shall, upon selection, be engaged by the Board for the said purpose under section 11 . (2) The Board may, having taken into account the views of the person to whom it has decided to grant legal aid or advice, nominate any barrister whose name is entered on the barristers' panel for the purpose of providing such person with such legal aid or advice as the Board considers should necessarily be provided by a barrister in the circumstances, and the barrister so nominated shall, subject to subsection (3), be engaged by the Board under section 11 for the said purpose on the instructions of the solicitor nominated by the Board in the matter under subsection (1) or engaged by the Board in the matter under section 11 . (3) Where a person to whom the Board has decided to grant legal aid or advice wishes to be provided with the services of— (a) a solicitor other than one nominated by the Board pursuant to subsection (1), or (b) a barrister other than one nominated by the Board pursuant to subsection (2), that person may make an application to the Board in that regard and, if the Board considers that the person's wish is reasonable in all the circumstances, it may consent to the application and, as may be appropriate, nominate such other solicitor for the purpose under subsection (1) or engage such other solicitor or barrister for the purpose under section 11 . (4) Where a person to whom the Board has decided to grant legal aid or advice has— (a) accepted the nomination of a solicitor or selected a solicitor from the solicitors' panel pursuant to subsection (1) or been granted the services of a solicitor pursuant to an application under subsection (3), or (b) accepted the nomination of a barrister pursuant to subsection (2) or been granted the services of a barrister pursuant to an application under subsection (3), the person may apply to the Board to have the services of that solicitor or barrister dispensed with and the services of another solicitor of the Board or solicitor from the solicitors' panel or, as may be appropriate, barrister from the barristers' panel obtained in the matter and where the Board considers it reasonable in all the circumstances, it may consent to the application. (5) Where the Board consents to an application under subsection (3) or (4), the additional expense (if any) occasioned by the person or the Board by so doing shall be borne by the applicant, unless the Board considers that it is reasonable in all the circumstances that such expense be borne by the Fund. (6) A solicitor nominated by the Board or engaged by the Board for the purpose of providing a person with legal aid or advice may, at his or her discretion, nominate another solicitor, being a solicitor who is qualified to provide legal aid or advice, to act as his or her agent in the matter or in any aspect thereof. Relationship between lawyer and person in receipt of legal aid or advice. 32.—(1) Save as is otherwise specifically provided for by this Act, the relationship between a solicitor or barrister and an applicant for, or a person in receipt of, legal aid or advice and the rights and privileges arising out of such relationship shall be the same as the relationship between, and the rights and privileges arising out of the relationship between, a solicitor or barrister and …