Commentary on Sections Section 2: Rights to representation: financial eligibility
24.Section 2 amends Schedule 3 to the 1999 Act to provide for financial eligibility.
25.Subsection (2) inserts paragraph 3B which provides that power to grant a right to representation can only be exercised where an individual’s financial resources are such that the body considering the application is satisfied that he is eligible. This paragraph also provides that there is an obligation to withdraw the right where an individual’s financial resources are not such that he is eligible to be granted a right to representation or that the individual failed to provide information about his resources.
26.Paragraph 3B also provides that regulations may allow exceptions to the provisions outlined in paragraph 24.
27.There are ancillary powers to include in regulations a requirement for individuals to provide information to support the application, and provision for the notification and review of decisions. There is power to prescribe the circumstances when the body reviewing a decision in relation to financial eligibility may refer a question to the High Court. There is also power to make transitional provision.
28.Subsections (3) and (4) make consequential amendments to paragraph 5 of Schedule 3.
29.Subsection (5) provides that the first regulations under paragraph 3B will be subject to the affirmative resolution procedure.
30.Subsection (6) adds a definition of “relevant authority” to section 26 of the 1999 Act.