- a commissioner
means a Commons Commissioner appointed under section 17(1) of the Commons Registration Act 1965.
- affidavit of costs and resources
means an affidavit which includes the matters specified in Schedule 2 and which is sworn by a person in support of his application for an order under section 18 of the Act;
- applicant
includes a person to whom a certificate has been issued on a form of undertaking given under paragraph (2).
- appropriate area committee
means the area committee in whose area an application for a certificate has been granted or refused and includes an area committee to whose area an application has been transferred under these Regulations;
- area committee
means an area committee appointed by the Board in accordance with regulation 4;
- Area Director
means an Area Director appointed by the Board in accordance with regulation 4 and includes any person duly authorised to act on his behalf;
- assessment
means an assessment of costs with a view to ensuring that the amounts of costs to be allowed are those which would be allowed on a taxation on the standard basis under rules of court.
- assessment officer
means a person authorised by the Secretary of State to assess the disposable income, disposable capital and maximum contribution of the person concerned;
- assisted person
means a person in respect of whom a certificate issued under these Regulations is in force and, for the purposes of Part XI only, includes a person in respect of whom a certificate has been, but is no longer, in force;
- authorised summary proceedings
means proceedings in a magistrates' court for which legal aid is available by virtue of Part I of Schedule 2 to the Act;
- certificate
means a legal aid certificate issued in accordance with these Regulations (or any regulations revoked by these Regulations) and includes an amendment to a certificate issued under Part VII and, unless the context otherwise requires, an emergency certificate;
- contribution
means the contribution payable under section 16(1) of the Act in respect of the costs of representation;
- court
includes (a) in relation to proceedings tried or heard at first instance by a master or taxing master of the Supreme Court, a registrar of the Family Division of the High Court, a district registrar or the registrar of a county court, that master or registrar;
- emergency certificate
means a certificate issued under Part III of these Regulations;
- European Convention
means the convention defined in section 12(1) of that Act.
- fund
means the legal aid fund;
- Hague Convention
means the convention defined in section 1(1) of the Child Abduction and Custody Act 1985 and the “European Convention” means the convention defined in section 12(1) of that Act.
- Hague Convention country
has the same meaning as in the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1979 and “the Maintenance Orders (Reciprocal Enforcement) Act 1972” means that Act as applied with such exceptions, adaptations and modifications as are specified in the said 1979 Order.
- legal aid
means representation under Part IV of the Act;
- legal aid area
has the meaning assigned by regulation 4(1);
- legal aid taxation
means the taxation of a solicitor’s bill to his own client where that bill is to be paid out of the fund.
- legal executive
means a fellow of the Institute of Legal Executives;
- matrimonial proceedings
means– (a) any proceedings with respect to which rules may be made under section 50 of the Matrimonial Causes Act 1973;
- maximum contribution
means the amount assessed by the assessment officer as the maximum amount which an assisted person may be liable to pay on account of his contribution;
- patient
means a person who, by reason of mental disorder within the meaning of the Mental Health Act 1983, is incapable of managing and administering his property and affairs;
- registrar
means the registrar of the county court in which the proceedings were tried or determined or from which the appeal was brought.
- substantive certificate
means a certificate issued to replace an emergency certificate which is still in force.
- the Act
means the Legal Aid Act 1988;
- the Appeal Tribunal
means the Employment Appeal Tribunal established under section 135(1) of the Employment Protection (Consolidation) Act 1978;
- the Court
means the Court established by section 1 of the Restrictive Practices Court Act 1976, and • “the proper officer of the Court” shall have the same meaning as in the Restrictive Practices Court Rules 1976.
- the Maintenance Orders (Reciprocal Enforcement) Act 1972
means that Act as applied with such exceptions, adaptations and modifications as are specified in the said 1979 Order.
- the registrar
means the registrar of the Appeal Tribunal and includes any officer of the Appeal Tribunal authorised to act on behalf of the registrar.
- the tribunal
means the Lands Tribunal established by section 1(1)(b) of the Lands Tribunal Act 1949 and • “the registrar” means the registrar of the tribunal.