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Statutory Rules of Northern Ireland |
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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Access to Justice (2003 Order) (Commencement No. 7, Transitional Provisions and Savings) Order (Northern Ireland) 2015 No. 194 (C. 13) URL: http://www.bailii.org/nie/legis/num_reg/2015/nisr_2015194_en_1.html |
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Statutory Rules of Northern Ireland
Access To Justice
Made
26th March 2015
Coming into operation
1st April 2015
1.-(1) This Order may be cited as the Access to Justice (2003 Order) (Commencement No. 7, Transitional Provisions and Savings) Order (Northern Ireland) 2015.
(2) In this Order-
"advice", "assistance" and "legal aid" have the respective meanings given by Article 27 of the 1981 Order;
"assistance by way of representation" has the meaning given by Article 5(1) of the 1981 Order;
"the Department" means the Department of Justice;
"exceptional legal aid" has the meaning given by Article 10A of the 1981 Order;
"the 1981 Order" means the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981(3);
"the 2003 Order" means the Access to Justice (Northern Ireland) Order 2003.
2. The provisions in the 2003 Order specified in the Schedule to this Order shall come into operation on 1st April 2015.
3.-(1) Subject to paragraph (2), nothing in the provisions commenced by this Order shall take effect in relation to any of the following-
(a)except where paragraph (b) applies, advice and assistance under Part 2 of the 1981 Order where the application is signed before 1st April 2015;
(b)assistance by way of representation under Part 2 of the 1981 Order where the application is signed before 1st April 2015 and received by the Department before 1st May 2015;
(c)legal aid under Part 2 of the 1981 Order where the application is signed before 1st April 2015 and received by the Department before 1st May 2015;
(d)exceptional legal aid under Part 2 of the 1981 Order where the application is signed before 1st April 2015 and received by the Department before 1st May 2015;
(e)free legal aid under Part 3 of the 1981 Order in relation to criminal proceedings.
(2) Any reference to the Northern Ireland Legal Services Commission in any statutory provision made, or treated as made, under the 1981 Order, in so far as it remains in operation, shall be construed as a reference to the Department.
(3) Without prejudice to paragraph (1), the repeal of Articles 22 and 27 of the 1981 Order shall not affect the power under that Order to make regulations in relation to any of the services mentioned in paragraph (1)(a) to (d).
4. Consultation undertaken by the Department in relation to any remuneration order made under Article 12(3) of the 2003 Order is deemed to be consultation by the Department under Article 47(2) of that Order notwithstanding that at the time of that consultation Article 47(2) was not in operation.
5. With effect from 1st April 2015, any prohibitory direction made under regulation 8 of the Legal Aid (General) Regulations (Northern Ireland) 1965(4) shall also have effect as if it had been made in accordance with regulation 30 of the Civil Legal Services (General) Regulations (Northern Ireland) 2015(5).
Sealed with the Official Seal of the Department of Justice on 26th March 2015
David Ford
Minister of Justice
Article 2
| Provisions of the Access to Justice (Northern Ireland) Order 2003 | Subject matter of provision |
|---|---|
| Article 6 | Planning |
| Article 7(6) and (7) | Powers of the Department |
| Article 9 | Northern Ireland law and foreign law |
| Articles 10 to 20A | Civil legal services |
| Article 32 | Restriction of disclosure of information |
| Article 33 | Misrepresentation etc. |
| Article 34 | Position of service providers and other parties etc. |
| Article 35 | Solicitors and barristers |
| Article 36 | Register of persons providing services |
| Article 47 | Remuneration orders |
| Schedule 2 | Civil Legal Services: Excluded Services |
| Schedule 4, except for paragraphs 6(1) to (3),10(a), 15 and 17 | Minor and Consequential Amendments |
| Schedule 5, the entries in respect of- | Repeals – Extent of repeal |
| The Solicitors (Northern Ireland) Order 1976 | The full entry |
| The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 | Part 2, to the extent that it remains in operation prior to the making of this Order |
| The Civil Jurisdiction and Judgments Act 1982 | The full entry |
| The Transfer of Functions (Legal Aid and Maintenance Orders) (Northern Ireland) Order 1982 | Paragraphs 1(a) to (h) and (l), 2, 3 and 5 |
| The Representation of the People Act 1983 | The full entry |
| The Child Abduction and Custody Act 1985 | The full entry |
| The Education and Libraries (Northern Ireland) Order 1986 | The full entry |
| The Companies Consolidation (Consequential Provisions) (Northern Ireland) Order 1986 | The full entry |
| The Legal Advice and Assistance (Amendment) (Northern Ireland) Order 1986 | The full entry |
| The Social Security (Northern Ireland) Order 1986 | The full entry |
| The Solicitors (Amendment) (Northern Ireland) Order 1989 | The full entry |
| The Social Security (Consequential Provisions) (Northern Ireland) Act 1992 | The full entry |
| The Family Law (Northern Ireland) Order 1993 | The full entry |
| The Companies (1990) (Eligibility for Appointment as Company Auditor) (Consequential Amendments) Regulations (Northern Ireland) 1993 | The full entry |
| The Children (Northern Ireland) Order 1995 | The full entry |
| The Jobseekers Allowance (Northern Ireland) Order 1995 | The full entry |
| The Family Homes and Domestic Violence (Northern Ireland) Order 1998 | The full entry |
| The Scotland Act 1998 (Consequential Modifications) (No. 1) Order 1999 | The full entry |
| The Terrorism Act 2000 | Paragraph 4 in Schedule 15 |
| The Anti-Terrorism, Crime and Security Act 2001 | The full entry |
| The Tax Credits Act 2002 | The full entry |
| The Justice (Northern Ireland) Act 2002 | Section 77 and, in Schedule 12, paragraphs 17 and 28 |
| The Proceeds of Crime Act 2002 | The full entry |
| Nationality, Immigration and Asylum Act 2002 | The full entry |
| The Access to Justice (Northern Ireland) Order 2003 | Paragraph 6(2) and (4) in Schedule 4 |
(This note is not part of the Order)
This Order brings the following provisions of the Access to Justice (Northern Ireland) Order 2003 into operation on 1st April 2015:
Articles 6 (planning), 7(6) and (7) (powers of the Department), 9 (Northern Ireland law and foreign law), 10 to 20A (civil legal services), 32 (restriction of disclosure of information), 33 (misrepresentation etc.), 34 (position of service providers and other parties etc.), 35 (solicitors and barristers), 36 (register of persons providing services), 47 (remuneration orders) and Schedule 2 (Civil Legal Services: Excluded Services), together with Schedule 4 (Minor and Consequential Amendments), partially and Schedule 5 (Repeals), partially.
Those provisions which relate both to civil and to criminal matters are brought into operation regarding civil matters only.
This Order contains transitional and savings provisions relating to the replacement of the legal aid scheme under the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 by the new scheme established for civil legal services under the Access to Justice (Northern Ireland) Order 2003 and, in particular, relating to existing cases (Article 3).
This Order also contains transitional provisions regarding consultation in relation to any remuneration order made for civil matters (Article 4) and prohibitory directions (Article 5).
(This note is not part of the Order)
| Provision of the Access to Justice (Northern Ireland) Order | Date of Commencement | Statutory Rule Number |
|---|---|---|
| Article 3(1) and (4) partially | 28th July 2003 | S.R. 2003 No. 344 |
| Article 4 | 28th July 2003 | |
| Article 48(2) and (3) partially | 28th July 2003 | |
| Schedule 1, paragraphs 1 to 11, 13 and 14 | 28th July 2003 | |
| Schedule 3, paragraphs 8 to 11 | 28th July 2003 | |
| Article 3(1), (2), (3) and (4) | 1st November 2003 | |
| Article 7(1) to (5) | 1st November 2003 | |
| Article 8 | 1st November 2003 | |
| Article 46(1) and (3) | 1st November 2003 | (As amended by S.R. 2003 No. 439) |
| Article 48(2) and (3) | 1st November 2003 | |
| Schedule 49(1) and (2) partially | 1st November 2003 | |
| Schedule 1, paragraphs 12(1)(b) and (2) and paragraphs 15 to 18 | 1st November 2003 | |
| Schedule 3, paragraphs 1 to 7, 12 and 13 | 1st November 2003 | |
| Schedule 4, paragraphs 10(a) and 17 | 1st November 2003 | |
| Schedule 5 partially | 1st November 2003 | |
| Article 12(8) to (11) | 2nd November 2003 | S.R. 2003 No. 440 |
| Article 49(1) and (2) partially | 2nd November 2003 | |
| Schedule 4, paragraphs 6(1) and (2) | 2nd November 2003 | |
| Schedule 5 partially | 2nd November 2003 | |
| Schedule 4, paragraphs 6(3) | 9th March 2005 and 29 August 2009 | S.R. 2005 No. 111, as amended by S.R. 2009 No. 312 |
| Article 46(2) | 9th November 2005 | S.R. 2005 No. 503 |
| Schedule 4, paragraph 15 | 20th March 2006 | S.R. 2006 No. 27 |
| Schedule 5 partially | 20th March 2006 |
S.R. & O. 1965 No. 217, which was amended by S.R. 2003 No. 438 and to which there have been other amendments not relevant to this Order
