EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend Schedule 1 (proceedings for which legal aid may be given under Article 9) to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981. The amendment reflects the provision made by section 26 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004.

Part II (excepted proceedings) of Schedule 1 to the Order is amended to add two forms of onward appeal from the Asylum and Immigration Tribunal. For those proceedings, it is the High Court or Tribunal, rather than the Northern Ireland Legal Services Commission, which has the power to grant legal aid funding.