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Access to Justice (Northern Ireland) Order 2003
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Access to Justice (Northern Ireland) Order 2003, Section 34 is up to date with all changes known to be in force on or before 20 May 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:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch. 2 para. 2(ic)(id) inserted by 2023 c. 37 s. 56(8)
- Sch. 4 para. 10(b)(c) coming into force by S.R. 2015/194 art. 2 Sch. (This amendment is not be applied - relevant text is not available on legislation.gov.uk)
- art. 14(2AA) inserted by 2023 c. 37 s. 56(7)
- art. 27A inserted by 2011 c. 24 (N.I.) s. 84(2)
- art. 27A(1)(2) word substituted by 2014 c. 11 (N.I.) Sch. 2 para. 6(28)
- art. 46(5A) inserted by 2011 c. 24 (N.I.) s. 84(4)
Position of service providers and other parties etc.N.I.
34.—(1) Except as expressly provided by regulations, the fact that civil legal services or criminal defence services provided for an individual are or could be funded by the [F1Department] , shall not affect—
(a)the relationship between that individual and the person by whom they are provided or any privilege arising out of that relationship, or
(b)any right which that individual may have to be indemnified, in respect of expenses incurred by him, by any other person.
(2) A person who provides civil legal services or criminal defence services funded by the [F1Department] shall not take any payment in respect of the services apart from—
(a)that made by way of that funding, and
(b)any authorised by the [F1Department] to be taken.
(3) Where civil legal services funded by the [F1Department] are provided in connection with any proceedings, any expenses incurred in connection with the proceedings, so far as they would ordinarily be paid in the first instance by or on behalf of the person providing the services, shall be so paid except where they are paid by the [F1Department] .
(4) The withdrawal of a right to representation previously granted to an individual shall not affect the right of any person who has provided to him civil legal services or criminal defence services funded by the [F1Department] to remuneration for work done before the date of the withdrawal.
(5) Except as expressly provided by regulations, any rights conferred by or by virtue of this Part on an individual for whom civil legal services or criminal defence services are funded by the [F1Department] in relation to any proceedings shall not affect—
(a)the rights or liabilities of other parties to the proceedings, or
(b)the principles on which the discretion of any court or tribunal is normally exercised.
(6) Regulations may make provision about the procedure of any court or tribunal in relation to civil legal services or criminal defence services funded by the [F1Department] .
(7) Regulations made under paragraph (6) may in particular authorise the exercise of the functions of any court or tribunal by any member or officer of that or any other court or tribunal.
F1Word in art. 34 substituted (1.4.2015) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), s. 12(1), Sch. 2 para. 6(33) (with ss. 2(3), 9, Sch. 1 para. 3(3)); S.R. 2015/193, art. 2(e)
Commencement Information
I1Art. 34 in operation at 1.4.2015 by S.R. 2015/194, art. 2, Sch. (with art. 3)
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