The Civil Legal Services (General) Regulations (Northern Ireland) 2015

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision about the making and withdrawal of determinations that an individual qualifies for civil legal services under Articles 12(3), 13, 14(6), 15 and 34(1) of the Access to Justice (Northern Ireland) Order 2003.

Part 1 defines expressions used in the Regulations (including the different forms of civil legal services which are available).

Part 2 makes provisions which are common to all civil legal services. Regulation 4 makes provision about notification. Regulations 5 to 8 make provisions relating to applications for civil legal services. Regulation 11 makes provision for applications for authority to instruct counsel to be made. Regulation 12 makes provision for the Director to require information to be provided by a supplier, notwithstanding privilege between a supplier and client, and notwithstanding correspondence having been marked “without prejudice”. Regulation 14 describes the circumstances in which the Director may review decisions and determinations. Regulations 15 to 29 make general provisions for certificates to be issued, amended, suspended, discharged, revoked and reinstated. Regulation 30 makes provision for prohibitory directions to be made, and prescribes the effect of such a direction.

Part 3 sets out the procedure for applications for Advice and Assistance under civil legal services. Regulation 32 prescribes the maximum amount payable under this Part and the procedure for applying for an extension. It also makes provision for the Department to grant a general authority for Advice and Assistance in particular classes of cases. Regulation 34 makes provision for Advice and Assistance to be given at police stations.

Part 4 sets out the procedure for applications for Representation (Lower Courts) under civil legal services. Regulation 37 makes provision for the determination, by the Director, of applications under this Part.

Part 5 sets out the procedure for applications for Representation (Higher Courts) under civil legal services. Regulation 43 makes provision for the determination, by the Director, of applications under this Part. Regulation 44 makes provision for certain aspects of the conduct of proceedings. It also makes provision for the Department to grant a general authority for particular matters in particular classes of cases.

Part 6 sets out the procedure for applications for exceptional funding under civil legal services. Regulation 51 makes provision for the determination, by the Director, of applications under this Part.

These Regulations come into operation on 1st April 2015.