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

Interpretation N.I.

2.  In these Regulations, unless the context otherwise requires—

• “advice”, “assistance” and “representation” have the respective meanings given by Article 2(2) of the Order;

• “the Appeal Regulations” means the Civil Legal Services (Appeal) Regulations (Northern Ireland) 2015 M1 ;

• “applicant” means an individual who applies for civil legal services;

• “application” means an application to receive funded services made by or on behalf of an individual in accordance with these Regulations;

• “assessing authority” means—

  (a)

  in respect of advice and assistance, representation (lower courts) and exceptional funding, the supplier,

  (b)

  in respect of representation (higher courts), a person appointed by the Department for Social Development to make a determination;

• “assisted party” means an individual in receipt of advice and assistance, or in respect of whom a certificate, or emergency certificate, is in force;

• “certificate” means a certificate issued under regulation 16 certifying a decision to fund representation for an individual, and “emergency certificate” means a certificate issued under regulation 17 certifying a decision to fund representation for an individual in a case of emergency;

• “civil legal services” has the meaning given by Article 10 of the Order;

• “civil partner” has the meaning given by section 1 of the Civil Partnership Act 2004 M2 ;

• “child” has the meaning given by Article 2(2) of the Order;

• “contribution” means the amount of an individual's contribution under the Financial Regulations;

• “costs” means, in the case of a solicitor, the remuneration and disbursements payable under the Remuneration Order and, in the case of counsel, the remuneration payable under that provision;

• “the Costs Regulations” means the Civil Legal Services (Costs) Regulations (Northern Ireland) 2015 M3 ;

• “the court” includes the Supreme Court of the United Kingdom, the Court of Judicature, the county court, the magistrates' court and any tribunal in Northern Ireland;

• “counsel” means a barrister called to the Bar of Northern Ireland, holding a current practising certificate;

• “the Department” means the Department of Justice;

• “the Director” means the Director of Legal Aid Casework designated by the Department under section 2 of the Legal Aid and Coroners' Courts Act (Northern Ireland) 2014 M4 ;

• “the Financial Regulations” means the Civil Legal Services (Financial) Regulations (Northern Ireland) 2015 M5 ;

• “in writing” includes a reference to an electronic communication;

• “the Mental Health Review Tribunal” means the Mental Health Review Tribunal for Northern Ireland constituted under Article 70 of, and Schedule 3 to, the Mental Health (Northern Ireland) Order 1986 M6 ;

• “next friend” and “guardian ad litem” have the respective meanings given by—

  (a)

  Part 2 of Order 3 of the County Court Rules (Northern Ireland) 1981 M7 , in relation to proceedings brought in the county court, and

  (b)

  Order 80 of the Court of Judicature Rules (Northern Ireland) 1980 M8 , in relation to proceedings brought in the High Court;

• “the Order” means the Access to Justice (Northern Ireland) Order 2003 M9 ;

• “patient” has the meaning given by Article 2 of the Mental Health (Northern Ireland) Order 1986;

• “the Remuneration Order” means the Civil Legal Services (Remuneration) Order (Northern Ireland) 2015 M10 ;

• “representation (higher courts)” means representation in proceedings—

  (a)

  in the county court, the High Court, the Court of Appeal or the Supreme Court;

  (b)

  before any person to whom a case is referred (in whole or in part) in any proceedings within paragraph (a);

  (c)

  in the Crown Court to the extent specified in paragraph 2(ba), (bb) or (c) of Schedule 2 to the Order;

  (d)

  before the Proscribed Organisations Appeal Commission, the Lands Tribunal for Northern Ireland or the Special Immigration Appeals Commission;

  (e)

  before the First-Tier Tribunal to the extent specified in paragraph 2(ia) of Schedule 2 to the Order;

  (f)

  before the Upper Tribunal to the extent specified in paragraph 2(ib) of Schedule 2 to the Order; or

  (g)

  in the Enforcement of Judgments Office to the extent specified in paragraph 2(j) of Schedule 2 to the Order;

• “representation (lower courts)” means representation in proceedings—

  (a)

  in a court of summary jurisdiction to the extent specified in paragraph 2(d) and (hh) of Schedule 2 to the Order; or

  (b)

  before the Mental Health Review Tribunal;

• “the Statutory Charge Regulations” means the Civil Legal Services (Statutory Charge) Regulations (Northern Ireland) 2015 M11 ;

• “supplier” means the solicitor or counsel, where applicable, being requested to provide funded services to an individual;

• “vexatious litigant” means an individual in respect of whom an order has been made by the Court of Judicature under section 32 of the Judicature (Northern Ireland) Act 1978 M12 .

Marginal Citations

M1 S.R. 2015 No. 197

M2 2004 c. 33

M3 S.R. 2015 No. 198

M4 2014.c. 11 (N.I.)

M5 S.R. 2015 No. 196

M6 S.I. 1986/595 (N.I. 1)

M7 S.R. 1981 No. 225

M8 S.R. 1980 No. 346

M9 S.I. 2003/344 (N.I. 10)

M10 S.R. 2015 No. 201

M11 S.R. 2015 No. 200

M12 1978 c. 23