Legal Assistance Act 1943 (NSW)

LEGAL ASSISTANCE ACT.

Act No. 17, 1913.

An Act to make provision for the granting of legal assistance to persons of limited means and with limited income; to provide for the appointment of a Public Solicitor and to define his powers, authorities, duties and functions; to amend the Poor Persons Legal Remedies Act, 1918, and certain other Acts in certain respects; and for purposes connected therewith. [Assented

to, 29th June, 1943.]

BE i t enacted by the K i n g ' s Mos t Exce l l en t Majesty,

b y and wi th t h e advice and consent of t h e Legis­

la t ive Counci l a n d Legis la t ive Assembly of N e w Sou th

Wales in Pa r l i amen t assembled, and by the au tho r i t y	of
t h e same, as follows :—

(1) This Act may be cited as the " L e g a l Assis tance

appointed by the Governor and notified by proclamat ion
published in the Gazette.

1.

Act, 1943 . "
(2) This Act shall commence upon a day to be

2 . I n this Act, unless the context or subject m a t t e r otherwise indicates or requires ,—

Act,

" A s s i s t e d p e r s o n " means a person who has been

g ran ted a certificate tha t he is enti t led to legal ass is tance under this Act, and, where such per­ son is an infant , includes his next f r iend;

" P r e s c r i b e d " means prescr ibed by this Act or by

the regu la t ions ;

" P u b l i c So l i c i to r " means the person for the t ime

being holding the office of Publ ic Solicitor under

this Ac t ;

" R e g u l a t i o n s " means regulat ions made under this

3 . (1) The Governor may appoint a person to be the

Publ ic	Solicitor.
The pe r son so appoin ted shall be a solicitor of the Supreme	Court .

A pe r son who is of or above the age of sixty-five yea r s shall not be appoin ted as Publ ic Solicitor.

(2) The Public Solicitor shall have and m a y exercise and discharge the powers , author i t ies , dut ies and functions conferred and imposed upon the Public Solicitor by or under this Act.

(3) The Public Solicitor shall be pa id such

remunera t ion as may be determined by the Governor.

(4) The provis ions of the Public Service Act, 1902, or of any Act amending tha t Act, shall not app ly to the appoin tment of the Public Solicitor, and the Public Solicitor shall not be subject to any of such Acts dur ing

his t e r m of	office.
(5) The Public Solicitor shall, subject to this Act, hold office unt i l he a t ta ins the age of sixty-five	yea r s .

(6) The Public Solicitor shall be deemed to have vacated his office if he—

(a)	engages (whether in New South Wales or else­ where) du r ing his t e r m of office in any pa id employment outside the dut ies of his office;
(b)	becomes bankrupt, compounds with his creditors, or makes an ass ignment of his sa la ry or es ta te for their benefit;
(c)	absents himself from duty for a period of more than four teen consecutive days , except on leave
g ran ted by the Min i s t e r ;

(d) becomes an insane person or pa t i en t or an	incapable pe r son within the meaning of the
Lunacy Act of 1898;
(e)	resigns his office by writing under his hand addressed to the Governor ;

(f) is removed from office by the Governor .

(7) The Governor may, for any cause which appea r s
to h im sufficient, remove the Public Solicitor from office.
(8) (a ) A person who, a t the da te of his appoint­
men t as Publ ic Solicitor, is an officer of the Public Service
shall , in the event of his office as Publ ic Solicitor being
discontinued or abolished, be entit led, if he is under the

age

age of sixty years , to be appointed upon the recommen­ dat ion of the Public Service B oa rd to some office in the Public Service not lower in classification and sa la ry than tha t which he held immediately before his appoin tment a s Publ ic Solicitor.

(b) Nothing in this Act shall affect the r ights accrued or accruing under the Public Service Act, 1902, or under the Superannua t ion Acts, 1916-1940, or any Acts amending such Acts, to any person appointed as Publ ic Solicitor, who is at the time of his appoin tment or has been at any time previous there to an officer of the Public Service or an employee within the meaning of the Super­ annuat ion Acts , 1916-1940, or any amendment thereof.
(c) Any officer of the Public Service or person who is an employee within the meaning of the Super­ annuat ion Acts, 1916-1940, or any amendment thereof, appointed as Public Solicitor shall continue to contr ibute to any fund or account and be entit led to receive any deferred or extended leave, and any payment , pension or g ra tu i ty as if he were an officer or employee within the meaning of the Public Service Act, 1902, or the Superannua t ion Acts, 1916-1940, as the case m a y be, or any Acts amending such Acts , and for such purpose his service as Public Solicitor shall be deemed to be service for the purpose of such Acts .
(9) A deputy may be appoin ted by the Governor to act for the Public Solicitor du r ing the illness or absence of the Public Solicitor, and every such deputy shall, dur ing the time ho acts as deputy, have the same powers , author i t ies , duties and functions as the Public Solicitor and shall receive such salary or remunera t ion
as the Governor may direct. No person shall be concerned to inquire whether or
not any occasion has ar i sen requi r ing or au thor i s ing
such deputy so to act or as to the necessity or p rop r i e ty of such appoin tment and all such acts or th ings done or omitted by such deputy shall be as valid and effectual and shall have the same consequences as if the same had been done or omitted by the Public Solicitor.
4 . (1) The Governor may, under and subject to the provis ions of the Public Service Act, 1902, as amended by subsequent Acts , appoint and employ such officers and employees as may be necessary for the execution of this

Act. (2)

(2) F o r the purposes of this Act the Minister may, wi th the approva l of the Minis ter of the D e p a r t m e n t concerned and of the Public Service Board , on such t e rms as may be a r r anged , make use of the services of any of the officers or employees of any Government Depar tmen t .

The Public Solicitor shall keep a list of ba r r i s t e r s and solicitors of the Supreme Court who are willing to invest igate and repor t upon the applicat ion of any person to be g r an t ed legal assis tance under this Act, or to act for any assis ted person in any proceedings.

5 .

6 . (1) Any person who desires to be granted legal assis tance unde r this Act shall make applicat ion in tha t behalf to the Public Solicitor.

E v e r y such applicat ion shall be in or to the effect of the prescr ibed form, shall furnish the pa r t i cu la r s indi­

cated in the form and shall be verified as prescr ibed.

(2) W h e r e the person who desires to be g ran ted legal ass is tance under this Act is an infant the applica­ t ion under this section shall be made on behalf of the infant by his next friend.
F o r the purposes of any such applicat ion the expres­ sion " a p p l i c a n t " wherever appea r ing in subsection th ree or in subsection four of this section, shall be construed as including the infant and the next friend or ei ther of them.
(3) W h e r e an applicat ion is made under this sec­ tion the Public Solicitor may—

(a)	make such inquiries as he thinks fit as to the means and condition of the appl icant and as to
the mer i t s of the case ;
(b)	require the applicant to furnish such informa­ tion and such books, documents and wri t ings as the Public Solicitor may requi re for the purpose of considering the appl ica t ion;
(c) require the appl icant to a t tend	persona l ly ;

(d) refer the appl icat ion or any m a t t e r a r i s ing out

of the applicat ion to any b a r r i s t e r or solicitor to invest igate the facts and make a r epor t there­ on or to give any opinion thereon or on any

quest ion of law ar i s ing out of the appl ica t ion;

(e)

(e)	take or cause to be taken such steps as may be necessary to conserve the in teres ts of the appl icant pending the determinat ion of his appl ica t ion;
(f)	defray expenses incidental to any of the fore­ going m a t t e r s out of any funds in his control which a re available for the purpose .

(4) The Public Solicitor may g ran t to the appl icant a certificate tha t the applicant is entit led to legal assist­ ance under this Act where he is satisfied tha t—

(a)	the applicant has reasonable grounds for taking, defending, continuing or being a p a r t y to p ro ­ ceedings in the Supreme Cour t or in a dis t r ic t court or to such proceedings or class of proceedings in such other court as may be
prescr ibed ; and
(b)	the applicant is not possessed of or entitled
to p r o p e r t y of a to ta l value of more than one

hundred pounds exclusive of—

(i)    the subject m a t t e r of the p roceed ings ;

(ii) wear ing appare l of the app l ican t ;

(iii) tools of t r ade of the app l ican t ;

(iv)   household furniture used by the appli­ cant in his home;

(v)   a dwelling house owned and used by the applicant as his home where the value of the in teres t of the appl icant in t ha t dwelling house does not exceed seven

hundred and fifty p o u n d s ; and

(c)	the income of the applicant, together with
the income (if any) of the spouse of the applicant , dur ing the per iod of twelve months

preceding the making of the application, af ter deduct ing theref rom an amount equal to fifty pounds for each person totally dependent on the appl icant or spouse, does not exceed the mult iple of fifty pounds next above the annual equivalent of the needs basic wage assessed on the index number for Sydney for the qua r t e r cur ren t at the date of the application, together with the fixed loading addit ion applicable to the needs basic wage so assessed.

(5)

(5) (a) The Public Solicitor may, a t any time, and whether or not applicat ion has been made for the purpose cancel any certificate issued under this section, and subject to p a r a g r a p h (b) of this subsection the person to whom the certificate was g ran ted shall, as from the da te of such cancellation, cease to be an assisted person.

(b) When the certificate so cancelled has been filed in the office of any court the Public Solicitor shall notify the court of such cancellation, and, as from the da te of such notification, the person to whom the certifi­ cate was g ran ted shall cease to be an assis ted person.

7. If, in relat ion to any proceedings to which a person who has made an applicat ion for legal assistance unde r this Act or an assis ted person is a pa r ty , any other p a r t y makes appl icat ion for legal assistance under this Act, the provis ions of this Act shall apply to both such p a r t i e s :

P rov ided tha t the Public Solicitor shall not himself act for ei ther such p a r t y but shall ass ign a solicitor whose name is on the list of solicitors kept pu r suan t to section five of this Act to act for each assis ted person.

8 . (1) W h e r e a certificate is g r an t ed pu r suan t to

section six of this Act the Public Solicitor may act for the assis ted person or may assign a solicitor so to act, and in such case shall endorse on the certificate the name of the solicitor so assigned.

The solicitor so assigned shall be ei ther a solicitor employed in the office of the Public Solicitor or a solicitor whose name is on the list of solicitors kept p u r s u a n t to section five of this Act.

Except where the Public Solicitor acts for an ass is ted person or ass igns a solicitor employed in the office of the Publ ic Solicitor so to act, he shall, where the assis ted pe r son has nominated a solicitor whose name is on the list of solicitors kept p u r s u a n t to section five of this Act, assign the solicitor so nominated to act for the assis ted person.

W h e r e the solicitor so assigned conducts his pract ice in a country town there may also be assigned a solicitor p rac t i s ing in Sydney to act as agent for such count ry solicitor in the proceedings.

(2)

(2 ) Where a solicitor employed in the office of the Public Solicitor is ass igned to act for an assis ted person, such solicitor shall be competent to a p p e a r and shall have the r ight of audience in all cour ts in New South Wales in all ma t t e r s and proceedings in which he acts as solicitor pu r suan t to such assignment .

(3) W h e r e the Public Solicitor acts for an ass is ted person or a solicitor employed in the office of the Public Solicitor is assigned to act for an assis ted person and so acts, the Public Solicitor or the solicitor so assigned, as the case may be, may appea r and may conduct any m a t t e r or proceeding in any court ei ther personal ly or by any ba r r i s t e r or solicitor employed in the office of the Public Solicitor.
(4) Before taking any other s tep in the proceedings the Public Solicitor or the solicitor so assigned shall file the certificate in the office of the court in which the p ro ­ ceedings are pending or are to be taken.
No court fee shall be charged in respect of the filing of the certificate.

(5 ) Where any certificate is so filed the assisted

person—

(a)	shall not be liable for court fees in respect of
any proceeding to which the certificate r e l a t e s ;

and

(b)	shall be entitled to be supplied free of charge with a copy of any shor thand notes taken and t ranscr ibed by the official shor thand wr i te r in any proceeding to which the certificate r e l a t e s ; and
(c)	shall not, except where express provision is made in this Act, be liable for costs to any other p a r t y

in any proceeding to which the certificate

re la tes .

(6) No person who, pu r suan t to any reference under this Act, makes any invest igat ion or repor t or gives any opinion, or who p u r s u a n t to any assignment under this Act conducts any proceedings, shall, except as provided in sections eleven and fourteen of this Act, take or agree to take or seek from an assis ted person any fee, profit or reward (pecuniary or otherwise) in respect thereof.

Nothing

Nothing in this subsection shall preclude the Publ ic Solicitor or any assigned solicitor from charging out of pocket expenses (not including office expenses) .

9 . (1) The Public Solicitor may requi re any appl icant for legal ass is tance under this Act, or any assis ted person to deposit with him such amounts , a t such times as the Public Solicitor may think fit, to be used in or towards meet ing out of pocket expenses (not including office expenses) incurred in connection with the applicat ion or with any proceeding to which the applicat ion or the

certificate re la tes .

Any amounts so deposited shall be used only for the payment of such out of pocket expenses. Any p a r t of any such amount not so expended shall be refunded.

(2) I n any case where the Public Solicitor is sat is­ fied tha t the making of a deposit under subsection one of this section would occasion hardsh ip to an appl icant for legal assistance or an assis ted person, the Public Solicitor may, out of any funds in his control which a re available for the purpose , from time to t ime, meet any out of pocket expenses (not including office expenses) or advance to the appl icant or ass is ted person or to the solicitor ass igned to act for an assis ted person an amount to meet such out of pocket expenses.

Any advance so made shall be used only for the pay­ ment of such out of pocket expenses. Any p a r t of any such amount not so expended shall be refunded to the Public Solicitor.

1 0 . (1) The Minister may, upon the applicat ion of the

Public Solicitor, direct tha t the payment of fees be waived in respect of all or any of the following m a t t e r s : —

(a)	the provision of a certified or other copy or abs t rac t of any document or record kept by any officer in the employment of the Crown or of
any s t a tu to ry body represen t ing the Crown;
(b)	any search in any register or index kept by any such officer;
(c)	production of any such document, record or regis ter .

(2) No such direction shall be given unless the
Minis ter is satisfied tha t the provision of the certified

or other copy or abst ract , or the making of the search or

the

t he product ion of the document, record or regis ter is required in connection with any legal professional work c a r r i e d out or to be car r ied out for an assis ted person.

(3) A direction of the Minister given under this section shall be effective to waive payment of the fees re fer red to in the direction notwi ths tanding tha t such fees a re imposed by or under the au thor i ty of any Act.

1 1 .     (1) W h e r e it appea r s to a court or judge tha t a

certificate unde r section six of this Act has been obtained by fraud or mis represen ta t ion the court or judge may o r d e r the assis ted person to pay the costs of the solicitor who acted for him or the costs of the other pa r ty , or the cos t s of both such solicitor and such pa r ty .

In this subsection a reference to an " a s s i s t e d p e r s o n "

shall include, in any case where the certificate has been cancelled before the making of the order , the person who, immediately before such cancellation, was the assisted pe rson .

(2) W h e r e it appea r s to a court o r judge that an assis ted person has acted improper ly in br inging or defending any legal proceedings or in the conduct of them the court or judge may order the assis ted person t o pay the costs of the solicitor who acted for him or the costs of the other pa r ty , or the costs of both such solicitor

a n d such p a r t y .

(3) W h e r e an order is made under subsection one o r subsection two of this section the costs shall be t axed a s if the p a r t y ordered to pay them were not an assis ted person.

(4) The costs so ordered to be paid shall, unless

o therwise directed by the order , include—

(a)	fees and charges of the nature referred to in
p a r a g r a p h s (a) and (b) of subsection five of

section eight of this Ac t ; and

(b)	fees the payment of which has been waived pu r suan t to section ten of this Ac t ; and
(c)	any sums which, pursuant to subsection two of section nine of th is Act were expended by the Publ ic Solicitor in meet ing out of pocket ex­ penses or were advanced by the Public Solici tor for tha t purpose .

(5)

(5) W h e r e the costs ordered to be pa id include any of the fees, charges or sums refer red to in subsection four of this section, then if any amount is recovered in respect of costs—

(a)	by the Public Solicitor or a solicitor employed in the office of the Publ ic Solicitor, the same shall be appl ied in or towards the satisfaction of such fees, charges or sums, and any excess shall be paid to the Consolidated Revenue F u n d ;
(b)	by any other solicitor, such solicitor shall out of the amount so recovered pay such fees, charges or sums in p r io r i ty to all o ther i tems included in the costs.

1 2 .     (1) The like privi leges as those which ar i se from

the re la t ionship of client and solicitor act ing in his pro­ fessional capaci ty and in the course of his professional employment shall ar ise from the following re la t ionships , tha t is to say—

(a)	the relationship between an applicant for legal assis tance unde r this Act and the Publ ic Solicitor and the solicitor (if any) to whom the
applicat ion is r e f e r r ed ;
(b)	the relationship between an assisted person and the Public Solicitor and the solicitor (if any) assigned to act for him in any proceedings to which the certificate under section six of th is
Act re la tes .

(2) The fact tha t a plaintiff in any action of t o r t has made applicat ion for legal assistance under this Act, or is an assis ted person, shall not be admissible in evidence upon any applicat ion for an o rder under section

one hundred and for ty of the Dis t r ic t Cour ts Act ,	1912-1936, as amended by subsequent Acts.
1 3 . (1) An assisted person shall not without the leave of the Public Solicitor discharge any ba r r i s t e r or solicitor assigned to act for him.

(2) Any b a r r i s t e r or solicitor assigned to act for

an assis ted person shall not discontinue his ass is tance

without the leave of the Public Sol ici tor :

P rov ided tha t any ba r r i s t e r or solicitor may be r ep re ­

sented by any other ba r r i s t e r or solicitor.

1 4 . (1) The court in which a re taken proceedings to which an assis ted person is a p a r t y shall make, in favour of the assis ted person, the like o rder for costs (except aga in s t ano ther ass is ted person) as tha t court would have made in favour of the assis ted person had he not been an ass is ted person, and in proceedings in which costs follow the event an assis ted person shall (except aga ins t another ass is ted person) be enti t led to costs in. like manne r as if he were not an assis ted person, not­ wi ths tanding tha t no amount is or will be payable by the ass i s ted person, or tha t the costs a re in excess of the amoun t which is or will be payable by the assis ted person.

(2) W h e r e any moneys a re recovered by an ass i s ted person (whether in proceedings or by v i r tue of a set t lement or compromise) he shall be liable to pay to the solicitor who acted for him so much of the moneys go recovered as is recovered in respect of costs.

F o r the purposes of this subsection the moneys recov­ ered in respect of costs shall be deemed to be so much of the to ta l amount so recovered as exceeds the amount (if any ) recoverable by the assis ted person otherwise than

a s costs.

(3) W h e r e any moneys are recovered by an ass is ted person (whether in proceedings or by v i r tue of a set t lement or compromise) he shall, subject to this subsection, be liable to pay, out of the moneys so recovered, to the solicitor who acted for him, such sum in respect of costs as would have been allowed to t ha t solicitor on taxat ion between himself and his client if he had been re ta ined by his client in the o rd ina ry m a n n e r : P rov ided tha t—

(a) where the amount which remains after deducting from the moneys recovered all allowable dis­ bursements , other than b a r r i s t e r ' s fees, p roper ly made by the solicitor (which amount is in this subsection here inaf ter re fe r red to as the " n e t amount r ecove red" ) does not exceed fifty pounds, no sum shall be payable by the assis ted person under this subsection;

(b)

(b) where the net amount recovered exceeds fifty pounds the sum payable by the assis ted person under this subsection shall not exceed—

(i)   one-fourth of the net amount recovered;, or

(ii)   the difference between the net amount recovered and the amount of fifty pounds ,

whichever is the less.

(4) Wi thou t prejudice to the general i ty of sub­ section one or subsection two or subsection three of t h i s section the expression " c o s t s " shall include—

(a)	barrister's fees whether or not the same have
been p a i d ; and
(b)	fees and charges of the nature referred to in
p a r a g r a p h s (a) and (b) of subsection five of

section eight of this Ac t ; and

(c)	fees the payment of which has been waived pu r suan t to section ten of th is Ac t ; and
(d)	any sums which, pursuant to subsection two of section nine of this Act, a r e expended by t h e Public Solicitor in meet ing out of pocket expenses or a re advanced by the Public Solici tor
for t ha t purpose .

(5) W h e r e the costs recovered by the Publ ic Solicitor or by a solicitor employed in the office of the Publ ic Solicitor include any of the fees, charges or sums re fe r red to in subsection four of this section, such costs shall be applied, in the first instance, in or towards sat is­

faction of the fees, sums and charges re fe r red to in
p a r a g r a p h s (b) , (c) and (d) of t ha t subsection, and sub­

ject there to in or towards sat isfaction of the fees re fe r red to in p a r a g r a p h (a) of tha t subsection and any excess shall be pa id to the Consolidated Revenue Fund .

W h e r e the costs recovered by any other solicitor include any of the fees, charges or sums referred to in p a r a g r a p h s (b ) , (c) and (d) of th i s subsection the same shal l be paid, by the solicitor or o ther person receiving paymen t of the costs, in p r io r i ty to all o ther i t ems inc luded in the costs.

1 5 . (1) W h e r e l i t igation has been inst i tuted and any

p a r t y makes an applicat ion for legal assis tance under this Act the Publ ic Solicitor shall, as soon as pract icable after the appl icat ion is made, notify the other p a r t y or each of the other par t i es , and tile in the court in which the l i t igat ion is pending a memorandum of such notifica­ tion.

No fee shall be charged in respect of the filing of the memorandum.
(2) W h e r e any memorandum is so filed, then, unless otherwise ordered by a judge of the court in which the l i t igat ion is pending, all proceedings in the l i t igation shall , by v i r tue of this section, be s tayed for a per iod of

fourteen	d a y s :
Provided ,	however—

(a)	that the filing of the memorandum shall not
opera te to p reven t the making of—

(i)   an interlocutory order for an injunction or for the appoin tment of a receiver o r manage r or a receiver and m a n a g e r ; or

(ii) a s top o r d e r ; or

(iii)   an order to prevent the lapse of a caveat agains t dealings with land unde r the provis ions of the Rea l P r o p e r t y Act, 1900, as amended by subsequent

A c t s ; or

(iv)   any other order which, in the opinion of a judge of the cour t in which the l i t igat ion is pending, is necessary to

prevent an i r remediable in just ice;

(b)	court in which the l i t igation is pending, the filing	of the memorandum shall not opera te to prevent
that, unless otherwise ordered by a judge of the
the inst i tut ion or continuance of proceedings to obtain, enforce or otherwise c a r r y into effect any such order as is mentioned in p a r a g r a p h ( a ) of this proviso or a decree to the like effect.

(3) The t ime dur ing which proceedings a re s tayed

by v i r tue of this section m a y be reduced or extended by order of a judge of the court in which the l i t igation is pending.

1 6 .     (1) W h e r e a certificate g ran ted pu r suan t to sec­

t ion six of this Act has been filed in any court , and the proceeding to which the certificate re la tes has been hea rd in tha t court, and the assis ted person desires to prosecute any appea l or proceeding in the na tu r e of an appea l therefrom, he shall not be entit led to prosecute such appea l or proceeding in the na tu r e of an appea l a s a n assis ted person unless he files in the cour t in which the appeal or proceeding is to be hea rd a certificate from a ba r r i s t e r (not being the ba r r i s t e r who acted for the assis ted person in the proceeding) nominated by the Publ ic Solicitor s ta t ing tha t such ba r r i s t e r has thoroughly examined the appe l l an t ' s case and is of opinion tha t the appel lant has good grounds of appeal , which grounds , together with the reasons therefor , shall be set out in detai l in the certificate.

(2) If any assis ted person prosecutes any such appeal or proceeding in the na tu r e of an appeal wi thout having filed the b a r r i s t e r ' s certificate re fe r red to in sub­ section one of this section he shall be deemed not to be an assisted person.

1 7 . (1) W h e r e a person who has , as an ass is ted

person, been a p a r t y to proceedings in any court in New South Wales, desires to be g ran ted legal assis tance unde r this Act for the purpose of taking or contesting an appea l to the High Cour t of Aus t ra l i a or to the P r i v y Council, he may make appl icat ion in tha t behalf to the Public Solicitor.

(2) W h e r e the Publ ic Solicitor is satisfied t ha t

the appl icant has good grounds for tak ing or contest ing

the appea l he may act for such pe r son or may assign a	solicitor so to act.
The provisions of subsection one of section eight of this Act shall, muta t i s mutandis , apply to and in respect of any ass ignment made under this section.
The provis ions of subsection six of section eight and of section nine of this Act shall apply to and in respect of such person and such proceedings in like manne r as they app ly to and in respect of ass is ted persons and proceedings taken by assis ted persons .

(1) W h e r e it is necessary or convenient so to do for ca r ry ing out or giving effect to this Act or the regula­ t ions, rules of cour t of any court in which proceedings may be taken by any person as an assis ted person may be made for regula t ing the pract ice and procedure of

1 8 .

such court .

(2) All rules of court so made shall—

(a) be published in the Gaze t t e ;

(b)	take effect from the date of such publication or from a la ter date to be specified in such rules of cour t ; and
(c)	be laid before both Houses of Parliament within fourteen s i t t ing days after publication if Pa r l i amen t is in session, and if not, then within fourteen s i t t ing days after the commencement of the next session.

If e i ther House of Pa r l i amen t passes a resolut ion of which notice has been given a t any t ime within fifteen s i t t ing clays after such rides of court have been laid before such House disallowing any rule of cour t or p a r t thereof such rule of court or p a r t shall thereupon cease to have effect.

19 . (1) The Governor may make regulat ions not inconsistent with this Act prescr ib ing all m a t t e r s (other than the regulat ion of the pract ice and procedure of any court having au thor i ty to make rules of cour t for tha t purpose) which, by this Act, a re required or permi t ted to be prescr ibed or which are necessary or convenient to be prescr ibed for ca r ry ing out or giving effect to this

Act.

(2) Wi thou t prejudice to the genera l i ty of sub­ section one of this section the regula t ions may—

(a) regulate all ma t t e r s re la t ing to fees, charges

and costs in or in relat ion to proceedings to which an assis ted person or other person of

limited means is a	p a r t y ;
(b)	remit or provide for the remission of any fees or charges in any such proceedings.

(3)

(3) The regula t ions may apply general ly to all legal ma t t e r s , whether re la t ing to proceedings in cour t or otherwise, or may apply to any specified class of m a t t e r s or proceedings or to all ma t t e r s or proceedings other than ma t t e r s or proceedings of a specified class.

(4) Where regulat ions a re made prescr ib ing p ro ­

ceedings or any class of proceedings in any court, o ther t han the Supreme Court or a distr ict court, in respect of which a certificate under section six of this Act may

be g ran ted the regula t ions—

(a)	may prescribe the person who, in relation to such proceeding's, is to exercise any power which, under section eleven or section fifteen of this Act, is exercisable by a judge or a judge of the cour t ;
(b)	may direct that for the purposes of any such proceedings subsection five of section eight of this Act shall be deemed to be amended by omit­ t ing from p a r a g r a p h (b) thereof the words
" s h o r t h a n d notes taken and t ranscr ibed by the
official shor thand w r i t e r " and by inser t ing in
lieu thereof the words "depos i t ions t a k e n . "

(5) The regulat ions may impose a pena l ty not

exceeding fifty pounds for any breach of the regulat ions .

(6) The regulat ions shal l—

(a ) be published in the Gazet te ;

(b)	take effect from the date of publication or from a la ter da te to be specified in the regu la t ions ; and
(c)	be laid before both Houses of Parliament within

fourteen s i t t ing days af ter the publication thereof if Pa r l i amen t is in session, and if not , then within fourteen s i t t ing days after the com­ mencement of the next session.

If e i ther House of Pa r l i amen t passes a resolu­ t ion of which notice has been given a t any t ime within fifteen s i t t ing days af ter such regula t ions have been laid before such House disallowing a n y regula t ion or p a r t thereof, such regula t ion or p a r t shall thereupon cease to have effect.

2 0 . The Poor Persons Legal Remedies Act, 1918, is amended by inserting- next after subsection one of sec­ tion three the following new subsection:—■

(1A) NO rule of court made before the commence­ ment of the Legal Assistance Act, 1943, under sub­ section one of this section shall he construed as entitling a solicitor acting for any poor person to receive from such poor person or out of any fund established under the rules of court any sum on account of office expenses or the like or any sum on account of out of pocket expenses other than actual disbursements by such solicitor.