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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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STATUTORY INSTRUMENTS
2005 No. 3423 (N.I. 19)
NORTHERN IRELAND
The Legal Aid (Northern Ireland) Order
2005
|
Made |
14th December 2005 |
|
|
Coming into operation in accordance with
Article 1(2) and (3) |
ARRANGEMENT OF ORDER
SCHEDULES:
At the Court at Buckingham Palace, the 14th day of December
2005
Present,
The Queen's Most Excellent Majesty in CouncilWhereas a
draft of this Order in Council has been approved by resolution of each House of
Parliament:
Now, therefore, Her Majesty, in
exercise of the powers conferred by paragraph 1(1) of the Schedule to the
Northern Ireland Act 2000 (c.1) and of all other powers enabling Her in that
behalf, is pleased, by and with the advice of Her Privy Council, to order, and
it is hereby ordered, as follows:–
Title, commencement and
interpretation 1. —(1) This
Order may be cited as the Legal Aid (Northern Ireland) Order
2005.
(2) Except as provided by paragraph (3),
this Order comes into operation on the day after the day on which it is
made.
(3) Paragraph 8 of Schedule 1, and Article
3(1) so far as relating to it, come into operation on the day appointed under
Article 1(2) of the Access to Justice (Northern Ireland) Order 2003 for the
coming into operation of Article 12(5) of that
Order.
(4) The Interpretation Act (Northern
Ireland) 1954 (c.33) applies to this Order as it applies to an Act of the
Assembly.
Exceptional legal aid 2. After Article 10 of the Legal Aid Advice and Assistance (Northern
Ireland) Order 1981 (NI 8) insert—
" Exceptional legal aid
10A. —(1) The Lord Chancellor may by direction require that legal
aid is to be available in connection with excluded proceedings in
circumstances specified in the direction.
(2)
If the Commission requests him to do so, the Lord Chancellor may authorise
legal aid to be available in connection with any proceedings (whether excluded
proceedings or not) —
(a) in circumstances specified in the authorisation; or
(b) in an
individual case so specified.
(3) For the purposes of this Article "excluded
proceedings" means proceedings before a court or tribunal which are
not—
(a) proceedings of a description mentioned in Part I of Schedule
1;
(b) proceedings for the purposes of which free legal aid may be
given under Part III; or
(c) proceedings in relation to which
assistance by way of representation may be approved under Article
5.
(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—
(a) the steps preliminary or incidental to proceedings; or
(b)
arriving at or giving effect to a compromise to avoid or bring an end to
proceedings.
(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,
(a) directions under paragraph (1) and directions varying or revoking
such directions; and
(b) authorisations under paragraph (2)(a) and
authorisations varying or revoking such authorisations.
(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
SCHEDULES
SCHEDULE 1Article 3
MINOR AND CONSEQUENTIAL AMENDMENTS
The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981
(NI 8) 1. In Article 4(2) after
sub-paragraph (a) insert—
2. In Article 13(3) for "Article 10(6)(b)"
substitute "Article 15A(b)" .
3. After
Article 15 insert—
" Legal aid not to affect normal rules
15A. Except as expressly provided by this Part or by regulations made
under it—
(a) the fact that the services of counsel or a solicitor are given by
way of legal aid does not affect the relationship between or rights of
counsel, solicitor and client or any privilege arising out of such a
relationship; and
(b) the rights conferred by or under this Part on a
person receiving legal aid are not to affect the rights or liabilities of
other parties to the proceedings or the principles on which the discretion
of any court or tribunal is normally exercised.".
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".
The Access to Justice (Northern Ireland) Order 2003 (NI
10) 7. Article 12(8) to (11)
shall cease to have effect.
8. After
Article 12 insert—
" Exceptional fundin
12A —(1)
The Lord Chancellor—
(a) may by direction require the Commission to fund the provision of any
of the services specified in Schedule 2 in circumstances specified in the
direction, and
(b) may authorise the Commission to fund the provision
of any of those services in circumstances specified in the authorisation or,
if the Commission requests him to do so, in an individual case so
specified.
(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—
(a) publish, or
(b) require the Commission to publish,
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).".
SCHEDULE 2Article 2
REPEALS
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). |
EXPLANATORY NOTE
(This note is not part of
the Order)This Order provides for the grant of legal aid in
exceptional circumstances.
Explanatory
Memorandum
ISBN 0 11 080016 8
| © Crown copyright 2005 |
Prepared 23 December 2005
|