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Northern Ireland Orders in Council |
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You are here: BAILII >> Databases >> Northern Ireland Orders in Council >> The Legal Aid (Northern Ireland) Order 2005 No. 3423 (N.I. 19) URL: http://www.bailii.org/nie/legis/num_orders/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). |
