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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Legal Aid (Northern Ireland) Order 2005 No. 3423 (N.I. 19) URL: http://www.bailii.org/uk/legis/num_reg/2005/20053423.html |
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| Made | 14th December 2005 | ||
| Coming into operation in accordance with Article 1(2) and (3) |
| 1. | Title, commencement and interpretation |
| 2. | Exceptional legal aid |
| 3. | Amendments and repeals |
| Schedule 1 | Minor and consequential amendments |
| Schedule 2 | Repeals |
(3) For the purposes of this Article "excluded proceedings" means proceedings before a court or tribunal which are not—
(4) Legal aid under a direction or authorisation under this Article shall consist of such representation, on terms provided for by the direction or authorisation, by a solicitor or by counsel (or by both) as is specified in the direction or authorisation .
(5) In paragraph (4) "representation" includes all such assistance as is usually given by a solicitor or counsel in—
(6) A direction or authorisation under this Article may make provision about financial matters relating to legal aid under the direction (including, in particular, provision about eligibility, contributions, charges, remuneration and costs).
(7) Articles 10(3) to (5A), 11, 12, 13, 16 and 17 and Schedule 2 do not apply to legal aid under a direction or authorisation under this Article, unless they are applied (with or without modification) by the provisions of the direction or authorisation.
(8) A direction or authorisation under this Article may be varied or revoked.
(9) The Lord Chancellor must publish, or require the Commission to publish,
(10) The Lord Chancellor or the Commission may publish an authorisation under paragraph (2)(b), or an authorisation varying or revoking such an authorisation, if the Lord Chancellor or the Commission considers it appropriate to do so.
(11) In this Article "the Commission" means the Northern Ireland Legal Services Commission.".
Amendments and repeals
3.
—(1) Schedule 1 (minor and consequential amendments) has effect.
(2) Schedule 2 (repeals) has effect.
A.K.Galloway
Clerk of the Privy Council
and he has not been informed by the Commission or the Lord Chancellor that such legal aid has ceased to be so available; or.".
2.
In Article 13(3) for "Article 10(6)(b)" substitute "Article 15A(b)" .
3.
After Article 15 insert—
4.
In Article 26(3) after "12" insert "or a direction or authorization under Article 10A".
5.
In Article 33(1) for "Department of Health and Social Services" substitute "Department for Social Development".
6.
In the heading of Schedule 1 for "PART II OF THIS ORDER" substitute "ARTICLE 9".
(2) A direction or authorisation under paragraph (1) may impose limitations on the funding of a service specified in Schedule 2, and may, in particular, require or authorise the Commission to fund the service for a limited period, for the purposes of specified proceedings only, or for the purposes of limited aspects of proceedings.
(3) Articles 13 to 20 do not apply to civil legal services funded under a direction or authorisation under paragraph (1) unless they are applied (with or without modifications) by the provisions of the direction or authorisation.
(4) The Lord Chancellor shall either—
any authorisation under paragraph (1)(b), unless it relates to an individual case (in which case he or the Commission may publish it if appropriate).".
| Short Title | Extent of repeal |
| The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (NI 8) |
In Article 4(2) the word "or" following paragraph (a), Article 10(6). |
| The Access to Justice (Northern Ireland) Order 2003 (NI 10) | Article 12(8) to (11). |