Section 65 — Protection of Personal and Property Rights Act 1988: Appointment of barrister or solicitor by Court

65 Appointment of barrister or solicitor by Court (1) On an application for the exercise of the Court's jurisdiction under this Act, a Court shall appoint a barrister or solicitor to represent the person in respect of whom the application is made, unless the Court is satisfied that the person has retained or will retain a barrister or solicitor. (2) So far as may be practicable, it shall be the duty of the barrister or solicitor appointed under subsection (1) of this section to— (a) Contact the person in respect of whom the application is made, explain to that person the nature and purpose of the application, and ascertain and give effect to that person's wishes in respect of the application; and (b) Evaluate the solutions for the problem for which an order is sought submitted by other parties to the proceedings, taking account of the need to find a solution that— (i) Makes the least restrictive intervention possible in the life of the person in respect of whom the application is made, having regard to the degree of incapacity or incompetence of that person; and (ii) Enables or encourages the person in respect of whom the application is made to develop and exercise such capacity or competence that the person may have to the greatest extent possible. (3) Without limiting anything in the preceding provisions of this section, in respect of any application for the exercise of the Court's jurisdiction under this Act, a Court may appoint a barrister or solicitor to assist the Court. (4) A barrister or solicitor appointed under this section may call any person as a witness in the proceedings, and may cross-examine witnesses called by any party to the proceedings or by the person in respect of whom the application is made or by the Court. (5) Fees for professional services provided by barristers or solicitors appointed under this section, and reasonable expenses incurred,— (a) May be determined in accordance with regulations made under this Act; and (b) Are payable out of public money appropriated by Parliament for the purpose. (6) The bill of costs rendered by a barrister or solicitor appointed under this section shall be given to the Registrar of the Court in which the proceedings were heard, and the Registrar may tax the bill of costs. (7) If the barrister or solicitor is dissatisfied with the decision of the Registrar as to the amount of the bill, the barrister or solicitor may, within 14 days after the date of the decision, apply to a Family Court Judge to review the decision; and the Judge may make such order varying or confirming the decision as the Judge considers fair and reasonable. (8) Notwithstanding subsection (5) of this section, the Court shall have regard to the means of any party to the proceedings or the person in respect of whom the application is made, and shall, if it thinks proper, order any party or the person to refund to the Crown such amount as the Court specifies in respect of any fees or expenses paid under that subsection; and the amount ordered to be refunded shall be a debt due to the Crown by that party or by that person and shall be recoverable accordingly in any court of competent jurisdiction. The original subsection (5) was amended, as from 1 July 1989, by section 86(1) Public Finance Act 1989 (1989 No 44) by substituting the word “ public ” for the words “ the Consolidated Account from ” . Subsection (5) was substituted, as from 1 July 1994, by section 7 Protection of Personal and Property Rights Amendment Act 1994 (1994 No 54). The previous subsection (5)(b) was amended, as from 1 July 1995, by section 10(1) Department of Justice (Restructuring) Act 1995 (1995 No 39) by substituting the words “ Bank Account operated by the Department for Courts ” for the words “ Bank Account ” . Subsection (5)(b) was substituted, as from 3 June 1998, by section 2 Protection of Personal and Property Rights Amendment Act 1998 (1998 No 58). See section 5 of that Act as to the transitional provision relating to appeals from the Family Court to the High Court.