Part IV
in his favour, the person shall, upon making a requisition in that behalf within the prescribed period and in the prescribed form and manner, be entitled to have the application determined by the Appeal Court as duly constituted for the hearing and determination of appeals.
(4) If, on a question of granting a person legal aid under this section, there is a doubt whether it is desirable in the interests of justice that he should have legal aid or whether he has sufficient means to enable him to obtain it, the doubt shall be resolved in favour of granting him legal aid.
(5) Before a person is granted legal aid under this section he may be required to furnish a written statement in the prescribed form about matters relevant for determining whether his means are insufficient to enable him to obtain legal aid, and if a person in furnishing such a written statement as aforesaid (whether required to do so or not) knowingly makes any false statement or false representation he shall be liable on summary conviction to a fine not exceeding £100 or to imprisonment for a term of not more than four months or to both.
(6) The registrar shall report to the Appeal Court or to a judge thereof any case in which it appears to him that, although no application has been made for the purpose, legal aid ought to be granted to a person under this section.
(7) A solicitor or counsel assigned to a person under this section shall be entitled to be paid by the Secretary of State such sums in respect of fees and disbursements as may be prescribed by regulations made by the Lord Chancellor. The power of the Lord Chancellor under this subsection to make regulations shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(8) This section is hereby repealed as from the day appointed under section 106(5) of the 1967 c. 80.Criminal Justice Act 1967 for the coming into force of Part IV of that Act (new provisions as to legal aid in criminal cases, including court-martial proceedings); and section 38(2) of the 1889 c. 63.Interpretation Act 1889 shall apply to this repeal as if this section had been repealed by another Act.
Removal of prisoners. 52. Rules or regulations made under—
- (a) section 79 or 82 of the Naval Discipline Act;
- (b) section 121 or 122 of the Army Act;
- (c) section 121 or 122 of the Air Force Act;
- (d) section 47 of the 1952 c. 52.Prison Act 1952;
- (e) section 35 of the 1952 c. 61.Prisons (Scotland) Act 1952; or
- (f) section 13 of the 1953 c. 18 (N.I.).Prison Act (Northern Ireland) 1953,
