Legal Aid (Amendment) Act, 2005
This section amends the principal Act by inserting a new Part IA after section 3.
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- Zambia
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- Act 19 of 2005
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About this statute
This section amends the principal Act by inserting a new Part IA after section 3. The Legal Aid Board is created as a body corporate with perpetual succession and a common seal, and it can sue and be sued in its own name. The Minister appoints the Board’s part-time members, the members are nominated by their organisations or ministries, the Vice-Chairperson is elected by the Board, and certain disqualified persons cannot be appointed. The Board must manage the Legal Aid Fund and carry out legal aid functions, and it may delegate those functions in writing. Part II’s heading is changed from “Directorate of Legal Aid” to “Legal Aid Secretariat.”
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Provisions of Legal Aid (Amendment) Act, 2005
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- 4 Verify source ↗
The principal Act is amended by the insertion immediately
AI-assisted research summary: This section amends the principal Act by inserting a new Part IA after section 3.
4. The principal Act is amended by the insertion immediately after section three of the following new Part: Insertion of new Part IA Copies of this Act can be obtained from the Government Printer, P.O. Box 30136, 10100 Lusaka. Price K3000 each. 122 No. 19 of 2005] Legal Aid (Amendment) Establish ment of Board PART IA THE LEGAL AID BOARD
Part
PART IA
- 3A Verify source ↗
(1) There is hereby established the Legal Aid
AI-assisted research summary: The Legal Aid Board is created as a body corporate with perpetual succession and a common seal, and it can sue and be sued in its own name.
3A. (1) There is hereby established the Legal Aid Board which shall be a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name, and with power, subject to the provisions of this Act, to do all such acts and things as a body corporate may by law do or perform. (2) The provisions of the Schedule shall apply to the Board. Composition of Board - 3B Verify source ↗
(1) The Board shall consist of the following part
AI-assisted research summary: The Minister appoints the Board’s part-time members, the members are nominated by their organisations or ministries, the Vice-Chairperson is elected by the Board, and certain disqualified persons cannot be appointed.
3B. (1) The Board shall consist of the following part time members appointed by the Minister: (a) a person qualified to be a judge of the High Court who shall be the Chairperson; (b} the Permanent Secretary i n the Ministry responsible for justice; (c) a representative of the Law Association of Zambia; (d) a representative of the Ministry responsible for home affairs; (e) a representative of the Ministry responsible for finance and national planning;· (J) a representative of the Ministry responsible for community development and social welfare; (g) a representative of the Ministry responsible for labour; (h) a representative of a non-governmental organisation active in the promotion of human rights; (i) a representative of the Ministry responsible for sport, youth and child development; and (j) one other person. (2) The members referred to in subsection (1) shall be nominated by their respective organisations or ministries. (3) The person referred to in paragraph (j) of subsection (!) shall be a person who has expertise in the administration of justice or!aw. Legal Aid (Amendment) [No. 19 of 2005 123 ( 4) The Vice-Chairperson shall be elected by the members of the Board from among their number. (5) A person shall not be appointed as a member of the Board if the person - (a) is an undischarged banlaupt; (b) has been convicted of an offence involving fraud or dishonesty; or (c) has been convicted of an offence under any other written law and sentenced to a term of imprisonment of not less than six months, without the option of a fine. - 3C Verify source ↗
(1) The functions of the Board shall be to
AI-assisted research summary: The Board must manage the Legal Aid Fund and carry out legal aid functions, and it may delegate those functions in writing.
3C. (1) The functions of the Board shall be to - Functions of Board (a) administer and manage the Legal Aid Fund; (b) facilitate the representation of persons granted legal aid under this Act; (c) assign practitioners to persons granted legal aid under this Act; (d) advise the Minister on policies relating to the provision of legal aid and implement Government policies relating to the same; and (e) undertake such other activities relating to the provision of legal aid and which are conducive or incidental to the performance of its functions under this Act. (2) Notwithstanding subsection (1), the Board may, by direction in writing and subject to such conditions as it considers fit, delegate to any member, committee or the Director any of its functions under this Act. - 5 Verify source ↗
Part II of the principal Act is amended by the deletion (!f
AI-assisted research summary: Part II’s heading is changed from “Directorate of Legal Aid” to “Legal Aid Secretariat.”
5. Part II of the principal Act is amended by the deletion (!f the Heading" Directorate of Legal Aid "and the substitution there for of the heading " Legal Aid Secretariat ". Amendment ofPart II - 6 Verify source ↗
The principal Act is amended by the repeal of section/our
AI-assisted research summary: This section repeals an existing section and replaces it with a new section about establishing a Secretariat and defining its functions.
6. The principal Act is amended by the repeal of section/our and the substitution therefor of the following new section: Repeal and replacement of section 4 124 No. 19 of 2005] Legal Aid (Amendment) Establishment of Secretariat and definition of its functions - 4 Verify source ↗
(!) There is hereby established the Secretariat of the
AI-assisted research summary: The Secretariat of the Board is established and must carry out several legal aid administration functions; the Director must provide legal aid services to a person unless the matter is allocated to a practitioner under section 6.
4. (!) There is hereby established the Secretariat of the Board which shall have the function of implementing the decisions of the Board. (2) Without prejudice to the generality of subsection (!) the Secretariat shall - (a) undertake the representation of persons granted legal aid under this Act; (b) be responsible for the day to day administration of the Board; (c) subject to the general or special direction of the Board, manage and disburse funds from the Fund for the purposes of this Act; and (d) perform such other functions as may be assigned to it by the Board. (3) Subject to section thirteen, where the Board or the court grants legal aid to a person under this Act, the Director shall, unless the Director allocates a matter in question to a practitioner under section six provide that person with such of the services included in legal aid as the person may require. Director, Secretary and other staff - 4A Verify source ↗
(1) The Board shall, with the approval of the
AI-assisted research summary: The Board appoints the Director with the Minister’s approval; the Director attends Board and committee meetings, may speak, has no vote, and serves as Secretary.
4A. (1) The Board shall, with the approval of the Minister, appoint a Director on such terms and conditions as it may, _with the approval of the Minister, determine, who shall be the ChiefExecutive Officer of the Board and who shall, subject to the control of the Board, be responsible for the day to day administration of the Board. (2) The Director shall attend the meetings of the Board and any committee of the Board and may address such meetings, but shall have no vote. (3)The Director shall be the Secretary to the Board. (4)The Board may appoint a Deputy Director who shall- (a) assist the Director in the performance of the Director's duties under this Act; or (b) discharge the functions of the Director if the Director is absent or is for any other reason unable to discharge the functions of the Director's office. (5)The Board may, on such terms and conditions as it may with the approval of the Minister determine, appoint such legal aid counsel, legal aid assistants and other staff for the Board as it considers necessary for the performance of its functions under this Act. Legal Aid (Amendment} [No. 19 of 2005 125 - 7 Verify source ↗
The principal Act is amended by the repeal of PartIIAand
AI-assisted research summary: This section amends the principal Act by repealing Part IIA and replacing it with a new Part IIA on the Legal Aid Fund.
7. The principal Act is amended by the repeal of PartIIAand the substitution therefor of the following new Part: Repeal and replacement of Part IIA PARTIIA THE LEGAL AID FUND - 7A Verify source ↗
Section 7A
AI-assisted research summary: The Legal Aid Fund is continued, and the Board may accept grants, donations, and contributions into the Fund, including foreign-source money only with the Minister’s approval.
7A. (1) There is hereby continued the Legal Aid Fund established under section seven A of the Legal Aid (Amendment) Act, 2000. (2)The Fund shall consist of such monies as- Continuation of Legal Aid Fund Act No. 17 of2000 (a) may be appropriated by Parliament for the purposes of the Fund; (b) may be paid to the Fund by way of fees, contributions, costs, loans, grants or donations; and (c) vest in or accrue to the Fund. (3) The Board may- (a) accept moneys by way of grants or donations from any source in Zambia and subject to the approval of the Minister from any source outside Zambia; and (b) accept moneys by way of contributions from persons granted legal aid under this Act. - 7B Verify source ↗
The Board shall maintain a separate bank
AI-assisted research summary: The Board must maintain a separate bank account for money payable to the Fund.
7B. The Board shall maintain a separate bank account into which shall be paid all moneys payable to the Fund. Bank account Application of moneys ofFund - 7C Verify source ↗
The Board shall apply the moneys of the Fund
AI-assisted research summary: The Board must use Fund money for legal-aid representation, practitioner remuneration, and related practitioner expenses, and remuneration is set by the Board with the Minister’s approval.
7C. The Board shall apply the moneys of the Fund for- (a) purposes of securing the representation of persons granted legal aid in accordance with this Act; (b) the remuneration of practitioners for services provided in accordance with this Act; and (c) such expenses incurred by a practitioner while representing a legally aided person and are properly attributable to time spent or work done by the practitioner in representing the person except for a practitioner providing legal aid under Practitioners Act: 126 No. 19 of 2005] Legal Aid (Amendment) Insertion of new section 248 to 24F Reference to Director Vesting of assets of Directorate of Legal Aid Provided that the renumeration to be paid to a Legal practitioner under this Act shall be as determined by the Board, with the approval of the Minister. - 8 Verify source ↗
The principal Act is amended by the insertion immediately
AI-assisted research summary: The principal Act is amended by inserting new sections immediately after section 24A.
8. The principal Act is amended by the insertion immediately after section twenty-four A of the following new sections: - 24B Verify source ↗
On or after the appointed date, reference in any
AI-assisted research summary: After the appointed date, any reference to the Director of Legal Aid in a written law or legal document must be read as a reference to the Director appointed under section 4A.
24B. On or after the appointed date, reference in any written law or any other legal document to the Director of Legal Aid shall be read and construed as reference to the Director appointed under section four A of this Act. - 24C Verify source ↗
(I) On or after the appointed date, there shall be
AI-assisted research summary: From the appointed date, the Board receives the Directorate of Legal Aid’s affairs, property, rights, and obligations, subject to this Act and stated exceptions.
24C. (I) On or after the appointed date, there shall be transferred to, and vest in, or subsist against, the Board by virtue of this Act and without further assurance - (a) the affairs of the Directorate of Legal Aid and (b) subject to this Act, all property, rights and obligations which immediately before the appointed date were the property, rights and obligations of the Directorate of Legal Aid. (2) Except as provided in this Act, every deed, bond and agreement ( other than an agreement for personal service) to which the Government was a party immediately before the commencement of this Act in respect of the Directorate of Legal Aid, whether in writing or not, and whether or not of such a nature that rights, liabilities and obligations thereunder could be assigned, shall, unless its subject-matter or terms make it impossible that it should have effect as modified in the manner provided by this subsection, have effect as from the date of the assignment thereof, as if- (a) the Board had been a party thereto; (b) for any reference to the Government there were substituted, as respects anything falling to be done on or after the appointed date, a reference to the Board; and (c) for any reference to any officer of the Directorate of Legal Aid not being a party thereto and beneficially interested therein there were substituted, as respects anything falling to be done on or after the commencement of this Act, a reference to such officerofthe Board as the Board shall designate. (3) Subject to the. provisions of subsection (2), documents, other than those referred to therein, which refer specifically or generally to the Directorate of Legal Aid shall be construed in accordance with subsection (2) as far as applicable. Legal Aid (Amendment) [No. 19 of 2005 127 Registration of property to be transferred by Govern- ment - 24D Verify source ↗
(1) Where under this Act, any property,
AI-assisted research summary: The Board must apply in writing to register a transfer, and the registration authority must record the transfer and related title changes without charging registration fees, stamp duty, or other duties.
24D. (1) Where under this Act, any property, rights, liabilities and obligations of the Government through the Directorate of Legal Aid are deemed transferred to the Board in respect of which transfer a written law provides for registration, the Board shall make an application in writing to the appropriate authority for registration of the transfer (2) The registration authority referred to in subsection (I) shall make such entries in the appropriate register as shall give effect to such transfer and, where applicable, issue to the transferee concerned a certificate of title in respect of the property or make necessary amendments to ihe register, as the case may be, and shall make endorsement on the deeds relating to the title, right or obligation concerned, and no registration fees, stamp duty or other duties shall be payable in respect thereof. ' - 24E Verify source ↗
(1) Without prejudice to the other provisions Legal
AI-assisted research summary: The Board and others get the same rights, powers, and remedies to deal with certain rights, liabilities, or obligations from commencement of the Act, and pending or future proceedings about the Directorate of Legal Aid may continue or be brought by or against the Board.
24E. (1) Without prejudice to the other provisions Legal of this Act, where any right, liability or obligation vests proceedings in the Board by virtue of this Act, the Board and all other persons shall, as from the commencement of this Act, have the same rights, powers and remedies (and in particular the same rights as to the instituting or defending oflegal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting that right, liability or obligation as they would have had if it had at all times been a right, liability or obligation of the Board. (2) Any legal proceedings or application of any authority pending the commencement of this Act by or against the Government in respect of the Directorate of Legal Aid may be continued by or against the Board. immediately before (3) After the commencement of this Act, proceedings in respect of any right, liability or obligation which was vested in, held, enjoyed, incurred or suffered by the Government in respect of the Directorate of Legal Aid may be instituted by or against the Board. - 24F Verify source ↗
(1) On or after the appointed date, the Board Staff of
AI-assisted research summary: The Board Staff must appoint necessary public officers from the Directorate of Legal Aid as Board officers, with ministerial approval and on terms it determines.
24F. (1) On or after the appointed date, the Board Staff of shall on such terms and conditions as it may, with the Directorate approval of the Minister, determine appoint as officers ofLegal Aid of the Board such public officers from the Directorate of Legal Aid as may be necessary for the performance of the functions of the Board. 128 No. 19 of 2005] Legal Aid (Amendment) (2) Where an officer from the Public Service is appointed to the service of the Board- (a) the terms and conditions of service with the Board shall not be less favourable than those the officer enjoyed in the Public Service; and (b) the officer shall be deemed to have retired under section thirty-nine of the Public Service Pensions Act. (3) On or after the appointed date public officers from the Directorate of Legal Aid who are not engaged by the Board under subsection (2) shall be retained by the Government and shall - (a) be redeployed in the service of the Government; or (b) be retired under section thirty-nine of the Public Service Pensions Act. - 9 Verify source ↗
The principal Act is amended by the repeal of the Schedule
AI-assisted research summary: This section changes the principal Act by repealing its Schedule and replacing it with a new Schedule in the Appendix.
9. The principal Act is amended by the repeal of the Schedule and the substitution therefor of the new Scl:iedule set out in the Appendix to this Act. Act No. 35 of 1996 Act No. 35 of 1996 Repeal and replacement of Schedule APPENDIX (Secti on 9) FIRST SCHEDULE (Secti on 3A) PART I ADMINISTRATION OF BOARD Seal ofBoard
Part
PART I
- 1 Verify source ↗
(1) This Act may be cited as the Legal Aid (Amendment)
AI-assisted research summary: The Board controls its seal, the Secretary keeps it, and seal use must be authenticated by specified officers or authorised persons.
1. (1) The seal of the Board shall be such device as may be determined by the Board and shall be kept by the Secretary. (2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Secretary or any other person authorised in that behalf by a resolution of the Board. (3) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal, may be entered into or executed without seal on behalf of the Board by the Secretary or any other person generally or specifically authorised by the Board in that behalf. (4) Any document purporting to be a document under the seal of the Board shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved. Legal Aid (Amendment) [No. 19 of 2005 129 - 2 Verify source ↗
The long title to the principal Act is amended by the insertion
AI-assisted research summary: Board members serve a three-year term, may be re-appointed for one further three-year term, and may stay in office briefly until a successor is appointed, capped at three months.
2. (1) Subject to the other provisions of this Act, a Tenure of member of the Board shall hold office for a period of three years from the date of appointment and shall be eligible for re-appointment for one further term of three years. (2) The office of the member shall become vacant - office and vacancy (a) upon the member's death; (b) if the member is absent without reasonable excuse from three consecutive meeting of the Board of which the member has had notice; (c) on ceasing to be a representative of the organisation which nominated the member; (d) if the member becomes mentally or physically incapable of performing the duties of a member of the Board; (e) if the member is declared bankrupt; (f) if the member is convicted of an offence involving fraud or dishonesty; or (g) if the member is convicted of an offence against any other written law and is sentenced to a term of imprisonment of not less than six months without the option of a fme. (3) On the expiration of the period for which a member is appointed the member shall continue to hold office until a successor has been appointed but in no case shall the further period exceed three months. - 3 Verify source ↗
Section two of the principal Act is amended
AI-assisted research summary: If a member’s office becomes vacant before the term ends, the Minister may appoint a replacement, and the replacement serves only for the remaining term.
3. Whenever the office of a member becomes vacant before the expiry of the term of office, the Minister may appoint another member in place of the member who vacates office but that member shall hold office only for the unexpired part of the term. - 4 Verify source ↗
(1) Subject to the other provisions of this Act, the
AI-assisted research summary: The Board may set its own procedure, but it must meet at least every three months and follow specific meeting, quorum, notice, and voting rules.
4. (1) Subject to the other provisions of this Act, the Board may regulate its own procedure. (2) The Board shall meet for the transaction ofbusiness at least every three months at such places and times as the Chairperson may determine. Filling of casual vacancy Proceedings of Board 130 No. 19 of 2005) Legal Aid (Amendment) (3) The Chairperson may, upon giving notice of not less than fourteen days, call a meeting of the Board and shall call a special meeting to be held within fourteen days of receipt of a written request to the Chairperson by at least five members of the Board. (4) If the urgency of any particular matter does not permit the giving of such notice as is required under subsection (3), a special meeting may be called by the Chairperson, upon giving a shorter notice. (5) Five members of the Board shall form a quorum at any meeting of the Board. · (6) There shall preside at any meeting of the Board- ·1 (a) the Chairperson; -(b) in the absence of the Chairperson, the Vice Chairperson; or (c ) in the absence of the Chairperson and the Vice Chairperson, such member as the members present may elect for the purpose of that meeting. (7) A decision of the Board on any question shall be by a majority of the members present and voting at the meeting and in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to the deliberative vote. (8) The Board may invite any person, whose presence is in its opinion desirable, to attend and to participate in the deliberations of the meeting of the Board but such person shall have no vote. (9) The validity of any proceedings, act or decision of the Board shall not be affected by any vacancy in the membership of the Board or by any defect in the appointment of any member or by reason that any person not entitled to do so took part in the proceedings. - 5 Verify source ↗
(1) The Board may, for the purpose of performing its
AI-assisted research summary: The Board may create committees, delegate functions to them, appoint committee members, and committees may set their own procedure subject to Board directions.
5. (1) The Board may, for the purpose of performing its functions under this Act, constitute such committees as it considers necessary and may delegate to any committee such ofits functions as it considers fit. (2) The Board may appoint as members of a committee, persons who are, or are not, members of the Board, except that at least one member of a committee shall be a member of the Board. (3) A person serving as a member of a committee shall hold office for such period as the Board may determine. Committees ofBoard Legal Aid (Amendment) [No. 19 of 2005 131 ( 4) Subject to any specific or general directions of the Board, a committee may regulate its own procedure. - 6 Verify source ↗
The members of the Board or any committee shall be paid Allowances
AI-assisted research summary: The Board may set allowances for Board or committee members, but only with the Minister’s approval.
6. The members of the Board or any committee shall be paid Allowances such allowances as the Board may, with the approval of the of members Minister, determine. - 7 Verify source ↗
(1) If a member or person is present at a meeting of the Disclosure of
AI-assisted research summary: A member or person at a Disclosure of interest Board meeting must declare any relevant private interest quickly after the meeting starts and must not join related discussion or voting unless the Board or committee directs otherwise.
7. (1) If a member or person is present at a meeting of the Disclosure of interest Board or any committee of the Board at which any matter is the subject of consideration and in which matter the member or person or the member or person's spouse is directly or indirectly interested in a private capacity, the member or person shall a� soon as is practicable after the commencement of the meeting, declare such mterest and shall not, unless the Board or the committee otherwise directs, take part in any consideration or discussion of, or vote on, any question touching that matter. (2) A declaration of interest made under subsection (1) shall be recorded in the minutes of the meeting at which it is made. 8. No action or other proceedings shall lie or be instituted against any member or a member of a committee for or in respect members of any act or thing done or omitted to be done in good faith in the exercise or purported exercise of that member or committee member's functions under this Act. Immunity of Prohibition of publication or disclosure Funds of Board - 9 Verify source ↗
Section 9
AI-assisted research summary: A person must not publish or disclose covered information without written consent from or on behalf of the Board, except in the course of duties.
9. (1) A person shall not without the consent in writing given by, or on behalf of, the Board, publish or disclose to any person other than in the course of duties, the contents of any document, communication, or information which relates to, and which has come to the person's knowledge in the course of the person's duties under this Act. (2) Any person who knowingly contravenes the provisions of subsection (1) commits an offence and shall be liable, upon conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding three months, or to both. PART II FINANCIAL PROVISIONS
Part
PART II
- 10 Verify source ↗
(1) The funds of the Board shall consist of
AI-assisted research summary: The Board’s funds come from appropriations, loans, grants, donations, specified contribution percentages, and money that vests in or accrues to it.
10. (1) The funds of the Board shall consist of- (a) such money as may be appropriated by Parliament for the purposes of the Board; (b) such money as may be paid to the Board by way ofloans, grants or donations; (c) such percentage of the contributions paid to the Board as the Board may, with the approval of the Minister, determine; and (d) such money as may vest in or accrue to the Board. (2) The Board may - (a) subject of the approval of the Minister, accept moneys by way of grants or donations from any source in Zambia; and 132 No. 19 of 2005] Legal Aid (Amendment) (3) (b) subject to the approval of the Minister, raise by way of loans or otherwise, such moneys as it may require for the discharge of its functions. There shall be paid from the funds of the Board - (a) the salaries, allowances, loans, gratuities and pensions of staff of the Board and other payments for the recruitment and retention of staff; (b) such reasonable travelling and subsistence allowances for members or members of any committee of the Board when engaged on the business of the Board at such rates as the Board may, with the approval of the Minister, determine; and Investment of funds F i n a n c i a I year Accounts Accounts Annual report (c ) any other expenses incurred by the Board in the performance of the Board's functions. - 11 Verify source ↗
The Board may, with the approval of the Minister, invest
AI-assisted research summary: The Board may invest funds it does not immediately need, but only with the Minister’s approval.
11. The Board may, with the approval of the Minister, invest in such manner as it considers necessary any of the Board's funds which it does not immediately require for the performance of the Board's functions. - 12 Verify source ↗
The fmancial year of the Board shall be the period of twelve
AI-assisted research summary: The Board’s financial year is 12 months ending on 31 December each year.
12. The fmancial year of the Board shall be the period of twelve months ending on 3 1st December in each year. - 13 Verify source ↗
(1) The Board shall cause to be kept proper books of the
AI-assisted research summary: The Board must keep proper accounting books and records, have its accounts audited every year by independent auditors approved by the Minister, and pay the auditors’ fees.
13. (1) The Board shall cause to be kept proper books of the accounts and otherrecords relating to the Board's accounts. (2) The accounts of the Board shall be audited annually by independent auditors appointed by the Board subject to the approval of the Minister. (3) The auditor's fees shall be paid by the Board. - 14 Verify source ↗
(I) As soon as is practicable, but not later than ninety days
AI-assisted research summary: The Board must send a report on its activities to the Minister within 90 days after the financial year ends, and the Minister must table it in the National Assembly within 7 days after its next sitting following receipt.
14. (I) As soon as is practicable, but not later than ninety days after the end of the financial year, the Board shall submit to the Minister a report concerning its activities during such financial year. (2) The report referred to in subparagraph (I) shall include information on the financial affairs of the Board and there shall be appendedto the report - (a) an audited balance sheet; (b) an audited statement of income and expenditure; (c) an audited statement of income and expenditure of the Fund; and (d) such other information as the Minister may require. (4) The Minister shall, not later than seven days after the first sitting of the National Assembly next after receipt of the report referred to in subsection (I), lay it before the National Assembly.
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Legal Aid (Amendment) Act, 2005
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