Cap. 12 Art. 928EProcedure.

(1) Legal aid applications by persons who are domiciled or habitually resident in Malta may be submitted either:

(a) to the competent authority in Malta hereinafter referred to as "the transmitting authority"; or

(b) to the competent authority of the Member State in which the court is sitting or where the decision is to be enforced, hereinafter referred to as "the receiving authority".

(2) Legal aid applications shall be completed in accordance with such forms as may be prescribed by the Minister responsible for justice by Order in the Gazette.

(3) The competent authority in Malta may decide to refuse to transmit an application to the receiving authority of another Member State if it is manifestly:

(a) unfounded; or

(b) outside the scope of the Directive.

When an application for transmission is totally or partially rejected, the reasons for rejection shall be given, and the provisions of article 917 shall apply.

(4) Without prejudice to sub-article (3), when the competent authority in Malta receives a request for legal aid in relation to proceedings which are being heard before a court in a Member State other than Malta, it shall transmit the application to the competent receiving authority in the other Member State within fifteen days of the receipt of the application duly completed in one of the languages of the Member State of the competent receiving authority, and the supporting documents translated, where necessary, into one of those languages.

(5) Applicants for legal aid shall be fully informed of the processing of the application.

(6) Where the competent authority in Malta refuses to grant legal aid, it shall inform the applicant of the reasons for rejection, and the provisions of article 917 shall apply.