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The Access to Justice (2003 Order) (Commencement No. 7, Transitional Provisions and Savings) Order (Northern Ireland) 2015

S.R. 2015/194 · Made 26 March 2015

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Access To Justice

Made 26th March 2015

Coming into operation 1st April 2015

The Department of Justice makes the following Order in exercise of the powers conferred by Articles 1(2) and 48(1) of the Access to Justice (Northern Ireland) Order 2003f1, and now vested in itf2.

Annotations to the whole text

Footnotes

f1

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

f2

S.I. 2010/976

Contents

  1. 1Citation and interpretation
  2. 2Commencement of provisions in the Access to Justice (Northern Ireland) Order 2003
  3. 3Transitional provisions and savings
  4. 4Consultation
  5. 5Prohibitory directions
  6. Signature
  7. Schedule PROVISIONS OF THE ACCESS TO JUSTICE (NORTHERN IRELAND) ORDER 2003 COMING INTO OPERATION ON 1st APRIL 2015
  8. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Access to Justice (2003 Order) (Commencement No. 7, Transitional Provisions and Savings) Order (Northern Ireland) 2015.

(2)

In this Order—

  • “advice”, “assistance” and “legal aid” have the respective meanings given by Article 27 of the 1981 Order;

  • “assistance by way of representation” has the meaning given by Article 5(1) of the 1981 Order;

  • “the Department” means the Department of Justice;

  • “exceptional legal aid” has the meaning given by Article 10A of the 1981 Order;

  • “the 1981 Order” means the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981f1;

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

2Commencement of provisions in the Access to Justice (Northern Ireland) Order 2003

The provisions in the 2003 Order specified in the Schedule to this Order shall come into operation on 1st April 2015.

3Transitional provisions and savings

(1)

Subject to paragraph (2), nothing in the provisions commenced by this Order shall take effect in relation to any of the following—

(a)

except where paragraph (b) applies, advice and assistance under Part 2 of the 1981 Order where the application is signed before 1st April 2015;

(b)

assistance by way of representation under Part 2 of the 1981 Order where the application is signed before 1st April 2015 and received by the Department before 1st May 2015;

(c)

legal aid under Part 2 of the 1981 Order where the application is signed before 1st April 2015 and received by the Department before 1st May 2015;

(d)

exceptional legal aid under Part 2 of the 1981 Order where the application is signed before 1st April 2015 and received by the Department before 1st May 2015;

(e)

free legal aid under Part 3 of the 1981 Order in relation to criminal proceedings.

(2)

Any reference to the Northern Ireland Legal Services Commission in any statutory provision made, or treated as made, under the 1981 Order, in so far as it remains in operation, shall be construed as a reference to the Department.

(3)

Without prejudice to paragraph (1), the repeal of Articles 22 and 27 of the 1981 Order shall not affect the power under that Order to make regulations in relation to any of the services mentioned in paragraph (1)(a) to (d).

4Consultation

Consultation undertaken by the Department in relation to any remuneration order made under Article 12(3) of the 2003 Order is deemed to be consultation by the Department under Article 47(2) of that Order notwithstanding that at the time of that consultation Article 47(2) was not in operation.

5Prohibitory directions

With effect from 1st April 2015, any prohibitory direction made under regulation 8 of the Legal Aid (General) Regulations (Northern Ireland) 1965f1 shall also have effect as if it had been made in accordance with regulation 30 of the Civil Legal Services (General) Regulations (Northern Ireland) 2015f2.

Signature

Sealed with the Official Seal of the Department of Justice on 26th March 2015

L.S.

David Ford

Minister of Justice

PROVISIONS OF THE ACCESS TO JUSTICE (NORTHERN IRELAND) ORDER 2003 COMING INTO OPERATION ON 1st APRIL 2015

Provisions of the Access to Justice (Northern Ireland) Order 2003Subject matter of provision
Article 6Planning
Article 7(6) and (7)Powers of the Department
Article 9Northern Ireland law and foreign law
Articles 10 to 20ACivil legal services
Article 32Restriction of disclosure of information
Article 33Misrepresentation etc.
Article 34Position of service providers and other parties etc.
Article 35Solicitors and barristers
Article 36Register of persons providing services
Article 47Remuneration orders
Schedule 2Civil Legal Services: Excluded Services
Schedule 4, except for paragraphs 6(1) to (3),10(a), 15 and 17Minor and Consequential Amendments
Schedule 5, the entries in respect of—Repeals – Extent of repeal
The Solicitors (Northern Ireland) Order 1976The full entry
The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981Part 2, to the extent that it remains in operation prior to the making of this Order
The Civil Jurisdiction and Judgments Act 1982The full entry
The Transfer of Functions (Legal Aid and Maintenance Orders) (Northern Ireland) Order 1982Paragraphs 1(a) to (h) and (l), 2, 3 and 5
The Representation of the People Act 1983The full entry
The Child Abduction and Custody Act 1985The full entry
The Education and Libraries (Northern Ireland) Order 1986The full entry
The Companies Consolidation (Consequential Provisions) (Northern Ireland) Order 1986The full entry
The Legal Advice and Assistance (Amendment) (Northern Ireland) Order 1986The full entry
The Social Security (Northern Ireland) Order 1986The full entry
The Solicitors (Amendment) (Northern Ireland) Order 1989The full entry
The Social Security (Consequential Provisions) (Northern Ireland) Act 1992The full entry
The Family Law (Northern Ireland) Order 1993The full entry
The Companies (1990) (Eligibility for Appointment as Company Auditor) (Consequential Amendments) Regulations (Northern Ireland) 1993The full entry
The Children (Northern Ireland) Order 1995The full entry
The Jobseekers Allowance (Northern Ireland) Order 1995The full entry
The Family Homes and Domestic Violence (Northern Ireland) Order 1998The full entry
The Scotland Act 1998 (Consequential Modifications) (No. 1) Order 1999The full entry
The Terrorism Act 2000Paragraph 4 in Schedule 15
The Anti-Terrorism, Crime and Security Act 2001The full entry
The Tax Credits Act 2002The full entry
The Justice (Northern Ireland) Act 2002Section 77 and, in Schedule 12, paragraphs 17 and 28
The Proceeds of Crime Act 2002The full entry
Nationality, Immigration and Asylum Act 2002The full entry
The Access to Justice (Northern Ireland) Order 2003Paragraph 6(2) and (4) in Schedule 4

Explanatory note

(This note is not part of the Order)

This Order brings the following provisions of the Access to Justice (Northern Ireland) Order 2003 into operation on 1st April 2015:

Articles 6 (planning), 7(6) and (7) (powers of the Department), 9 (Northern Ireland law and foreign law), 10 to 20A (civil legal services), 32 (restriction of disclosure of information), 33 (misrepresentation etc.), 34 (position of service providers and other parties etc.), 35 (solicitors and barristers), 36 (register of persons providing services), 47 (remuneration orders) and Schedule 2 (Civil Legal Services: Excluded Services), together with Schedule 4 (Minor and Consequential Amendments), partially and Schedule 5 (Repeals), partially.

Those provisions which relate both to civil and to criminal matters are brought into operation regarding civil matters only.

This Order contains transitional and savings provisions relating to the replacement of the legal aid scheme under the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 by the new scheme established for civil legal services under the Access to Justice (Northern Ireland) Order 2003 and, in particular, relating to existing cases (Article 3).

This Order also contains transitional provisions regarding consultation in relation to any remuneration order made for civil matters (Article 4) and prohibitory directions (Article 5).