40(1)Where an area director determines under subsection 11(6) of the Act that the applicant can pay some part of the cost of the legal aid applied for, he shall require the applicant to enter into an agreement in Form 4 before issuing a certificate.

40(2)Where an area director determines that the applicant can pay no part of the cost of the legal aid applied for, he shall require the applicant to enter into an agreement in Form 5 before issuing a certificate.