LEGAL AID AGENCY (PROCEDURES) ORDER

LEGAL AID AGENCY (PROCEDURES)

SUBSIDIARY LEGISLATION 595.17

LEGAL AID AGENCY (PROCEDURES) ORDER

26th February, 2016

LEGAL NOTICE 64 of 2016.

(1) The title of this Order is the Legal Aid Agency

(Procedures) Order.

(2) The purpose of this Order is to establish the procedures to

be adopted by the Legal Aid Agency in the carrying out of its

functions and operations.

Application Form for Legal Aid

Section 1 - Personal Details

Name ............................................ Surname .................................................

Address ..........................................................................................................

ID Card Number ................................ or Passport Number ...........................

Tel: No. ............................................. Mobile No. .........................................

email address .................................................................................................

No. of persons in household ............................................

Next of kin: Name ................................... Surname .......................................

Address ..........................................................................................................

Tel: No. ........................................... Mobile No. ...........................................

email address ..................................................................................................

Section 2 - Reason for requesting legal aid

Reason for need of being assigned a legal aid lawyer

Section 3 - Financial Statement

Employer ............................................. Monthly/Yearly Income € ...............

Social Security Allowance ................... Monthly/Yearly Income € ...............

Maintenance ......................................... Monthly/Yearly Income € ...............

Other income ........................................ Monthly/Yearly Income € ...............

Bank Accounts

Name of Bank ........................................................... Balance € ....................

Name of Bank ........................................................... Balance € ....................

Name of Bank ........................................................... Balance € ....................

Investments

Type of Investment ............................................ Balance/Value € .................

Property

Address ...........................................................................................................

Address ...........................................................................................................

Address ...........................................................................................................

LEGAL AID AGENCY (PROCEDURES)

Section 4 - Documents to attach to application (tick where applicable and attach

document)

Photocopy of applicant’s Identity Card

Last salary slip (if employed)

If in receipt of a Social Assistance, official documentary evidence

Section 5 - Declaration by applicant

I confirm that the information supplied is truthful and gives a full picture of my

state of affairs. I am aware that the Legal Aid Agency may verify the information

provided in this form, as well as the supporting documents, by accessing information

contained in Government filing systems, including databases, in my respect.

Name and surname in block letters

Signature

Tick as appropriate the manner in which you wish to be communicated with or

notified with any reply

or

by e-mail

by post

Data Protection Statement

The personal data contained in this form is collected by the Legal Aid Agency for

the purpose of processing the request for legal aid and will not be disclosed to other

third parties without the applicant’s specific consent unless this will be strictly

required by law. The applicant has the right to request access to his/her personal data

as well as the right to rectify and where applicable, erase any inaccurate, incomplete

or irrelevant personal data processed by the Legal Aid Agency in this regard.

In this Order, unless the context otherwise requires

"Agency" means the Legal Aid Agency established under the

Legal Aid Agency (Establishment) Order;

"applicant" means a person applying for legal aid;

"cross-border dispute" means a dispute where the party applying

for legal aid in the context of the Directive is domiciled or is

habitually resident, as determined by Article 62 of Regulation (EU)

No. 1215/2012, in a Member State other than Malta or where the

decision is to be enforced;

"the Directive" means the provisions of Council Directive 2002/

8/EC of the 27th January, 2003 to improve access to justice in

cross-border disputes by establishing minimum rules relating to

legal aid for such disputes;

"Member State" means any State referred to in the definition "the

Treaty" contained in article 2(1) of the European Union Act,

excluding Denmark;

"officers of the Agency" means the administrative staff of the

Agency.

(1) The Agency shall provide such assistance as is

necessary for the proper administration of the benefit of legal aid.

(2) Any request for legal aid shall be addressed to the Advocate

for Legal Aid through the Agency. For this purpose, legal aid

requests shall be made on the application form in the Schedule.

(3) The Agency shall verify the information provided on the

application form and supporting documents thereof, and for this

purpose the Agency may access information contained in

Government filing systems, including databases, in respect of the

applicant.

(4) The officers of the Agency shall assist the Advocate for

Legal Aid in the following functions

(a) to assist applicants, who so require, in filling the

application form;

(b) to act as a receiving or transmitting authority for legal

aid applications in the case of cross-border disputes;

LEGAL AID AGENCY (PROCEDURES)

(c) to ensure that the application is accompanied by all the

supporting documentation known by such applicant to

be required to enable the application to be determined;

(d) as a transmitting authority, to assist the applicant in

providing the translation of the application and of the

necessary supporting documents when the application

is submitted to the authorities in another Member

State;

(e) to keep the applicant informed with the processing of

the application, and where the application is totally or

partially rejected, to give reasons for the rejection;

(f)

to provide general

customer

care

service

and

information;

(g) to keep databases

and

record

of

relevant

documentation;

(h) to carry out any other function as requested by the

Advocate for Legal Aid.

The Agency shall operate from such place as may be

designated for this purpose by the Minister responsible for justice by

notice in the Gazette.

LEGAL AID AGENCY (PROCEDURES)