LEGAL AID AGENCY (ESTABLISHMENT) [ S.L.595.11 1 SUBSIDIARY LEGISLATION 595.11 LEGAL AID AGENCY (ESTABLISHMENT) ORDER 28th November, 2014 LEGAL NOTICE 414 of 2014, as amended by Legal Notice 34 of
- The title of this order is the Legal Aid Agency (Establishment) Order.
- In this Order, unless the context otherwise requires: "Act" means the Public Administration Act; Citation. Interpretation. Cap.
- "Agency" means the Legal Aid Agency established by this Order; "Agency Agreement" means the Agreement as provided for in regulation 7; "Minister" means the Minister responsible for justice; "Permanent Secretary" means the Permanent Secretary in the Ministry responsible for justice.
- There is hereby established an Agency, to be known as the Legal Aid Agency or as "Legal Aid Malta". 4.
(1)The Agency shall have the following functions and duties: (a) to provide administrative support in respect of the workings of the panels nominated by the Minister in terms of article 89
(1)of the Code of Organization and Civil Procedure and in respect of the procedure and other measures foreseen in articles 89
(2), 91, 92, 93, 94, 95 and 96 of the said Code and in respect of procedures or measures on the legal aid, advocates for legal aid and curators as may from time to time be provided for in any law; (
- b)to provide administrative support in respect of any matter connected with the nomination of advocates for legal aid in courts of criminal jurisdiction under the Criminal Code or any other law; (
- c)to provide administrative support in respect of any matter connected with the nomination of advocates for legal aid in adoption or guardianship proceedings or in any other court proceedings concerning minors; (
- d)to provide administrative support in respect of admission to sue and defend with the benefit of legal aid under Title X of Book Third of Part III of the Code of Organization and Civil Procedure or under any other law which may from time to time regulate such matters; Establishment of Legal Aid Agency. Functions and duties. Amended by: L.N. 34 of 2016. Cap. 12. Cap. 9. Cap. 12. 2 [ S.L.595.11 Cap. 12. LEGAL AID AGENCY (ESTABLISHMENT) (
- e)to provide administrative support with regard to the admission to the benefit of legal aid in cross-border disputes in matters concerning the granting of legal aid in relation to cross-border disputes as defined in Title XA of Book Third of Part III of the Code of Organization and Civil Procedure or in any other law that may from time to time regulate such matters; (
- f)to undertake studies and to appoint task forces or committees for the purpose of improving and reforming of the system of legal aid as may be necessary from time to time; (
- g)to organise such training or discussions on issues concerning legal aid as may be decided from time to time; (
- h)to carry out constant monitoring of the workings of the system of legal aid; (
- i)generally to act as an agency for the provision and reform of legal aid or other forms of legal assistance as may be provided in any laws, regulations or as may be mandated by an administrative measure sanctioned in writing by the Minister.
(2)The functions and duties of the Agency shall be executed in co-ordination with the Advocate for Legal Aid and, in the case of legal aid related to cross-border disputes, with any person or authority as may from time to time be the competent authority for such purposes. Minister responsible for the Agency.
- The Minister responsible for justice shall be the Minister responsible for the Agency. Agency to be subject to the Act.
- The Agency shall be subject to the provisions of Title 2 of Part III of the Act and shall be regulated thereby.
- The Agency shall be governed by the provisions of the Public Finance Management Act unless otherwise authorised in the Agency Agreement.
- The operations of the Agency shall be carried out in accordance with an Agency Agreement which shall be agreed between the Permanent Secretary and the Agency.
- The Agency shall be headed by the Advocate for Legal Aid who shall perform all the functions and duties of the Chief Executive Officer of the Agency as stipulated in the Act. Financial arrangements. Cap.
- Agency agreement. Head of the Agency. Amended by: L.N. 34 of 2016.