Section 20
of Statutory Bodies Conduct And Discipline Regulations 1995
Section 20
(1)
Where an employee desires legal aid as provided under sub-regulation (3) of this regulation he shall not institute legal proceedings in his own personal interests in
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connection with matters arising out of his official duties without the prior consent of the statutory body.
(2)
An employee who receives a notice of the intended institution of legal proceedings against him in connection with matters arising out of his official duties or who receives any process of court relating to the said legal proceedings shall immediately report the matter to the General Manager for instruction as to whether and how the notice or the process of the court, as the case may be, is to be acknowledged, answered or defended.
(3)
An employee who desires legal aid to retain and instruct an advocate and solicitor for the purpose of legal proceedings in connection with matters arising out of his official duties may make an application to the statutory body. The said application shall contain all the facts and circumstances of the case together with the considered opinion of the relevant Head of Division as to the nature of the employee's involvement.
(4)
On receipt thereof the statutory body may after having considered the advice of legal counsel as to –
(a)
the amount of legal aid to be approved;
(b)
the advocate and solicitor to be retained and instructed by the employee;
or
(c)
any other conditions which the legal counsel may consider advisable, approve or reject the said application subject to an implied condition that in the event of the employee being awarded cost by the court at the conclusion of the said legal proceedings, no payment in respect of the legal aid so approved will be made by the statutory body unless the amount of cost so awarded to him is insufficient to meet charges for retaining and instructing an advocate and solicitor.
(5)
Charges for employing an advocate and solicitor retained and instructed by or on behalf of an employee in legal proceedings in connection with matters arising out of his official duties otherwise than by virtue of approval by the statutory body will not be paid for from the statutory body's funds.
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Absence without leave.