Justice (Northern Ireland) Act 2002

Prospective

76 Exceptional legal aid N.I.

After Article 10 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)) insert—

“10A Exceptional legal aid

(1) The Lord Chancellor may by direction require that legal aid is to be available in connection with excluded proceedings—

(a) in circumstances specified in the direction; or

(b) if the Legal Aid Committee requests him to do so, in an individual case so specified.

(2) For the purposes of paragraph (1) “excluded proceedings” means proceedings before a court or tribunal which are not—

(a) proceedings of a description mentioned in Part 1 of Schedule 1;

(b) proceedings for the purposes of which free legal aid may be given under Part 3; or

(c) proceedings in relation to which assistance by way of representation may be approved under Article 5.

(3) Legal aid under a direction under paragraph (1) shall consist of such representation, on the terms provided for by the direction, by a solicitor or by counsel (or by both) as is specified in the direction.

(4) In paragraph (3) “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.

(5) A direction under paragraph (1) may make provision about financial matters relating to legal aid under the direction (including, in particular, provision about eligibility, contributions, charges, remuneration and costs).

(6) Articles 10(3) to (5A), 11, 12, 13, 16 and 17 and Schedule 2 do not apply to legal aid under a direction under paragraph (1), unless they are applied (with or without modifications) by the provisions of the direction.

(7) A direction under paragraph (1) may be varied or revoked.

(8) The Lord Chancellor must either—

(a) publish; or

(b) require the Legal Aid Committee to publish,

directions under paragraph (1)(a) and directions varying or revoking such directions.

(9) The Lord Chancellor or the Legal Aid Committee may publish a direction under paragraph (1)(b), or a direction varying or revoking such a direction, if he or it considers it appropriate to do so.”