Legal Aid Agency (Establishment) Order, 2014

L.N. 414 of 2014

PUBLIC ADMINISTRATION ACT

(CAP. 497)

Legal Aid Agency (Establishment) Order, 2014

IN exercise of the powers conferred by article 36 of the Public

Administration Act, the Prime Minister has made the following

Order:-

The title of this order is the Legal Aid Agency

(Establishment) Order, 2014.

In this Order, unless the context otherwise requires

"Act" means the Public Administration Act;

"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".

(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 Cap. 12.

and Civil Procedure or under any other law which may from

time to time regulate such matters;

(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 Cap. 12.

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 Director General Courts, 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.

The Minister responsible for justice shall be the Minister Minister

responsible for

responsible for the Agency.

the Agency.

The Agency shall be subject to the provisions of Title 2 of Agency to be

subject to the

Part III of the Act and shall be regulated thereby.

Act.

The Agency shall be governed by the provisions of the Financial

Financial Administration and Audit Act unless otherwise authorised arrangements.

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/Director General of the Law Courts who shall perform all the

functions and duties of the Chief Executive Officer of the Agency as

stipulated in the Act.

In the Fourth Schedule to the Public Administration Act,

immediately after the Agency "Identity Malta Agency" there shall be

added the following

Agency

Agency Function

"Legal Aid

To be responsible for and to

Agency

administer provision of the service of

legal aid in all areas where this is

required.".

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