43Grant of assistance

43 Grant of assistance

(1)  The Director may grant an application made under section 42 if –

(a) the Director is satisfied that the applicant has reasonable grounds for bringing, or being a party to, the proceedings to which the application relates; and

(b) the Director is of the opinion that it is desirable, in the general interests of consumers or of any class of consumers, that assistance should be granted; and

(c) the Director has received the written approval of the Minister to grant the assistance applied for.

(2)  The Director may refuse assistance if he or she is of the opinion that the assistance should not be granted because of the applicant’s financial position.

(3)  The Director is to notify an applicant under section 42 of the grant or refusal of the application.

(4)  If an application is granted –

(a) the applicant must not, without the consent of the Director, withdraw from the proceedings; and

(b) the applicant must not, except to the extent authorised or required by the Director, interfere, or be involved, in the case; and

(c) the Director has, to the exclusion of the successful applicant, the same control over and the same rights in respect of the case (including the right to settle or compromise any claim arising in the case) as, but for that exclusion, would have been available to the assisted person.

(5)  Assistance granted under this section does not extend to expenses other than –

(a) the costs of legal representation; and

(b) prescribed expenses.