EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make provision about the statutory charge which arises over money and other property recovered or preserved by an assisted party in civil proceedings and over costs payable to the assisted party by another party to the proceedings (“the charge”). The charge arises under Article 17(7) of the Access to Justice (Northern Ireland) Order 2003.
Part 2 of the Regulations makes provision about the calculation and operation of the charge and makes exceptions to it (regulations 3, 4, 8 and 9). Regulation 5 determines when the charge is in favour of the Department of Justice and the supplier of civil legal services, respectively. Regulation 6 makes provision about when the charge may be waived.
Part 3 of the Regulations makes provision about the enforcement of the charge, including obligations on suppliers and the Department in relation to the transfer, retention and payment of money (including costs) which is subject to the charge (regulations 10 to 14). Regulations 15 and 16 provide for the enforcement of the charge by the assisted person and the Department. Regulation 17 provides for the payment of interest on damages held by the Department. Regulation 18 provides for the Department dealing with unclaimed damages.
The Regulations also revoke the provisions regarding the charge made under, or treated as made under, the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (regulation 1(2), together with the Schedule).
The Regulations come into operation on 1st April 2015.