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Legal Aid, Advice and Assistance (Northern Ireland) Order 1981
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Legal Aid, Advice and Assistance (Northern Ireland) Order 1981, Section 15 is up to date with all changes known to be in force on or before 07 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
- Order power to amend conferred by 2011 c. 24 (N.I.) Sch. 5 para. 5(a)
- Act rev.in pt. by 1996 c. 25 s.79 Sch.4 paras.19(2) 36
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 28(7)(c) inserted by 2011 c. 24 (N.I.) s. 83(2)(a)
- art. 29(2A) inserted by 2015 c. 9 (N.I.) Sch. 2 para. 3
- art. 29(2A) words substituted in earlier affecting provision 2015 c. 9 (N.I.), Sch. 2 para. 3 by 2022 c. 4 (N.I.) s. 4(9)(c)
[F1Solicitors and counselN.I.
15.—(1) Any practisingF2. . . barrister shall be entitled to give advice or assistance or to act for persons receiving legal aid, unless[F3 he is for the time being prohibited from doing so by any determination of the General Council of the Bar of Northern Ireland, or by any determination of any such committee as may be established by that Council to determine charges preferred against barristers]
Para. (2) rep. by 2003 NI 10
[F2(2A) Any practising solicitor shall be entitled to give advice or assistance or to act for persons receiving legal aid unless he is for the time being excluded by an order under Article 51B(1) or (3) of the Solicitors (Northern Ireland) Order 1976 from selection under paragraph (3).]
(3) Where a person is entitled to receive legal aid, advice or assistance he himself shall be entitled to select the solicitor to act for him and, if the case requires counsel, his counsel; but this paragraph shall not prejudice the rights of solicitor or counsel where he has good reason to refuse or give up a case or entrust it to another.
[F2(4) Notwithstanding paragraph (3), a solicitor who has been selected to act for a person under that paragraph may himself select to act for that person, as the solicitor's agent, any other solicitor who is not for the time being excluded from selection under paragraph (3) by an order under Article 51B(1) or (3) of the Solicitors (Northern Ireland) Order 1976.]]
F1 Pt. 2 (to the extent that it remains in operation) repealed (1.4.2015) by Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435), arts. 1(2), 49(5), Sch. 5 (with transitional provisions and savings in art. 48, Sch. 3); S.R. 2015/194, art. 2, Sch. (with transitional provisions and savings in art. 3)
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