The Access to Justice (Northern Ireland) Order 2003 (Commencement No. 1) Order (Northern Ireland) 2003

Statutory Rules of Northern Ireland

2003 No. 344 (C. 24)

The Access to Justice (Northern Ireland) Order 2003 (Commencement No. 1) Order (Northern Ireland) 2003

Made

15th July 2003

Coming into operation

28th July 2003

The Lord Chancellor, in exercise of the power conferred on him by Article 1(2) of the Access to Justice (Northern Ireland) Order 2003 (1), hereby makes the following Order: –

Citation

1.  This Order may be cited as the Access to Justice (Northern Ireland) Order 2003 (Commencement No. 1) Order (Northern Ireland) 2003.

Commencement

2.  The day appointed for the coming into operation of Article 3(1) of the Access to Justice (Northern Ireland) Order 2003:

(a) for the purposes set out in Schedule 1 to this Order shall be 28 July 2003; and

(b) for the purpose of the meaning of the phrase “the first appointed day” in paragraph 1 of Schedule 3 to the Access to Justice (Northern Ireland) Order 2003 shall be 1 November 2003.

3.  The provisions of the Access to Justice (Northern Ireland) Order 2003 specified in Schedule 1 to this Order shall come into operation on 28 July 2003.

4.  The provisions of the Access to Justice (Northern Ireland) Order 2003 specified in Schedule 2 to this Order shall come into operation on 1 November 2003.

Falconer of Thoroton, C.

Dated 15th July 2003

SCHEDULE 1 PROVISIONS OF THE ACCESS TO JUSTICE (NORTHERN IRELAND) ORDER 2003 COMING INTO OPERATION ON 28th JULY 2003

Provisions of the Access to Justice (Northern Ireland) Order 2003	Subject matter of provision
Article 3(4) to the extent necessary to bring into operation the provisions of Schedule 1 specified in this Schedule	Northern Ireland Legal Services Commission
Article 4	Membership of the Commission
Article 48 (2) and (3) to the extent necessary to bring into operation the provisions of Schedule 3 specified in this Schedule	Transitional Provisions and Savings
Schedule 1, paragraphs 1 to 11, 13 and 14	Northern Ireland Legal Services Commission
Schedule 3, paragraphs 8 to 11	Transitional Provisions and Savings

SCHEDULE 2 PROVISIONS OF THE ACCESS TO JUSTICE (NORTHERN IRELAND) ORDER 2003 COMING INTO OPERATION ON 1st NOVEMBER 2003

Provisions of the Access to Justice (Northern Ireland) Order 2003	Subject matter of provision
Article 3(2), (3) and (4)	Functions of the Commission
Article 7(1) to (5)	Powers of Commission
Article 8	Guidance
Article 46 (1) to (3)	Orders, regulations and directions
Article 48 (2) and (3)	Transitional Provisions and Savings
Article 49(1) and (2) to the extent necessary to bring into operation the provisions of Schedules 4 and 5 specified in this Schedule	Minor and Consequential Amendments and Repeals
Schedule 1, paragraphs 12(1)(b) and (2) and paragraphs 15 to 18	Northern Ireland Legal Services Commission
Schedule 3, paragraphs 1 to 7 and paragraphs 12 and 13	Transitional Provisions and Savings
Schedule 4, paragraphs 10(a), and 17	Minor and Consequential Amendments
In Schedule 5, in the entry in respect of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981, the repeal of Articles 18(1) to (7), and 19.	Repeals

Explanatory Note

(This note is not part of the Order.)

This Order brings into operation on 28th July 2003 certain provisions of the Access to Justice (Northern Ireland) Order 2003 (the Order) relating to the formation of the Legal Services Commission. Articles 3(4) and 4 of the Order together with Schedule 1 paragraphs 1 to 11 and 13 to 14 of the Order establish the Commission as a body corporate and provide for the appointment of members. Schedule 1 of the Order makes further provisions concerning the membership of the Commission and enables the Commission to regulate its own proceedings. Paragraphs 8 to 11 of Schedule 3 to the Order provide for the Lord Chancellor to appoint the Chief Executive of the Commission and for offers of employment to be made by the Commission to certain employees of the Law Society. It also brings into operation on 1 November 2003 the provisions in respect of the Legal Services Commission which will not already be in operation.

(1)

S.I. 2003/435 (N.I. 10)