Legal Aid (Financial Conditions) Regulations (Northern Ireland) 2009

Statutory Rules of Northern Ireland

2009 No. 104

Legal Aid And Advice

Legal Aid (Financial Conditions) Regulations (Northern Ireland) 2009

Made

11th March 2009

Coming into operation

6th April 2009

To be laid before Parliament

The Lord Chancellor makes the following Regulations in exercise of the powers conferred by Articles 9(2), 12(2) and 27 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981(1) and now vested in him(2).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Legal Aid (Financial Conditions) Regulations (Northern Ireland) 2009 and shall come into operation on 6th April 2009.

(2) In these Regulations—

(a) “the Order” means the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981;

(b) “personal injuries” includes any death and any disease or other impairment of a person’s physical or mental condition.

Application, revocation and saving

2.—(1) These Regulations shall apply to any application for legal aid where the period of computation, as defined in regulation 1(2) of the Legal Aid (Assessment of Resources) Regulations (Northern Ireland) 1981(3), begins on or after 6th April 2009.

(2) The Legal Aid (Financial Conditions) Regulations (Northern Ireland) 2008(4) are hereby revoked save in their application to any case to which paragraph (1) does not apply.

Persons eligible for legal aid

3.  For the yearly sums specified in Article 9(1) of the Order(5) there shall be substituted—

(a) where legal aid is sought in connection with taking, defending or being a party to proceedings which include a claim in respect of personal injuries, for the yearly sum of “£10,306”, the yearly sum of “£10,955”; and

(b) in any other case, for the yearly sum of “£9,348”, the yearly sum of “£9,937”.

Contributions from persons receiving legal aid

4.  For the yearly sum of “£3,156” specified in Article 12(1)(a) of the Order(6) there shall be substituted the yearly sum of “£3,355”.

Signed by authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under-Secretary of State

Ministry of Justice

Dated 11th March 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 so as to:

(a) increase the upper income limit to make legal aid available to those with disposable incomes of not more than £9,937 (instead of £9,348) or, in connection with proceedings involving a personal injury, £10,955 (instead of £10,306);

(b) increase the lower income limits below which legal aid is available without payment of a contribution to £3,355 (instead of £3,156).

No changes are made to the capital limits.

(1)

S.I. 1981/228 (N.I. 8); Article 27 is an interpretation provision and is recited because of the meaning assigned to the words “prescribed” and “regulations”

(2)

S.I. 1982/159

(3)

S.R. 1981 No. 189

(4)

S.R. 2008 No. 108

(5)

Which figures were most recently substituted by S.R. 2008 No. 108

(6)

Which figure was most recently substituted by S.R. 2008 No. 108