Statutory Rules of Northern Ireland

2014 No. 64

Legal Aid And Advice

The Legal Aid (General) (Amendment) Regulations (Northern Ireland) 2014

Made

3rd March 2014

Coming into operation

1st April 2014

The Department of Justice makes the following Regulations in exercise of the powers conferred by Articles 22 and 27 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981(1), and now vested in it(2).

Citation and Commencement

1. These Regulations may be cited as the Legal Aid (General) (Amendment) Regulations (Northern Ireland) 2014 and shall come into operation on 1st April 2014.

Interpretation

2. In these Regulations—

“the Commission” means the Northern Ireland Legal Services Commission established under Article 3 of the Access to Justice (Northern Ireland) Order 2003(3);

“the principal regulations” means the Legal Aid (General) Regulations (Northern Ireland) 1965(4).

Application

3.—(1) These Regulations apply to cases in which the Commission grants a civil aid certificate on or after 1st April 2014.

(2) Subject to paragraph (1), the principal regulations continue to apply as if these Regulations had not been made in respect of cases in which the Commission grants a civil aid certificate before 1st April 2014.

Amendments to the principal regulations

4. The principal regulations are amended as follows.

5. Omit regulation 15(1).

6. For regulation 15(3)(c), substitute—

“(c)to instruct counsel;”.

7. Omit regulation 15(4).

Sealed with the Official Seal of the Department of Justice on 3rd March 2014.

David Ford

Minister of Justice

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Legal Aid (General) Regulations (Northern Ireland) 1965 in respect of the requirement to apply to the Northern Ireland Legal Services Commission for authority to instruct counsel.

(1)

S.I. 1981/228 (N.I. 8); Article 27 is an interpretation provision and is recited because of the meaning assigned to the word “regulations”

(2)

S.I. 1982/159 and S.I. 2010/976

(3)

S.I. 2003/435 (N.I. 10)

(4)

S.R. & O (N.I.) 1965 No. 217