Access to Justice (Northern Ireland) Order 2003

Solicitors and barristers N.I.

35.—(1) The [F1 Department] shall not fund any civil legal services or criminal defence services provided by a solicitor who is for the time being prohibited from providing such services by an order under Article 51B(1) or (3) of the Solicitors (Northern Ireland) Order 1976F2 .

(2) The [F1 Department] shall not fund any civil legal services or criminal defence services provided by a barrister who is for the time being prohibited from providing such services 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.

(3) The [F1 Department] —

(a) may make a complaint to the Law Society about the provision of civil legal services or criminal defence services by a solicitor;

(b) may refer to the Law Society any complaint which is made to the [F1 Department] about the provision of such services by a solicitor;

(c) may make a complaint to the General Council of the Bar of Northern Ireland about the provision of civil legal services or criminal defence services by a barrister; and

(d) may refer to the General Council of the Bar of Northern Ireland any complaint which is made to the [F1 Department] about the provision of such services by a barrister.

(4) Any right conferred on an individual by virtue of this Part to select a person to provide civil legal services or criminal defence services for him shall not prejudice the law and practice relating to the conduct of proceedings by a solicitor or barrister or the circumstances in which a solicitor or counsel may refuse or give up a case or entrust it to another.

F1 Word in art. 35 substituted (1.4.2015) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), s. 12(1), Sch. 2 para. 6(34) (with ss. 2(3), 9, Sch. 1 para. 3(3)); S.R. 2015/193, art. 2(e)

F2 1976 NI 12

Commencement Information

I1 Art. 35 in operation at 1.4.2015 by S.R. 2015/194, art. 2, Sch. (with art. 3)