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The Access to Justice (2003 Order) (Commencement No. 9) Order (Northern Ireland) 2016

S.R. 2016/199 · Made 23 March 2016

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 23rd March 2016

Coming into operation 24th March 2016

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. Signature
  4. Schedule PROVISIONS OF THE ACCESS TO JUSTICE (NORTHERN IRELAND) ORDER 2003 COMING INTO OPERATION ON 24th MARCH 2016
  5. Explanatory note

1Citation and interpretation

This Order may be cited as the Access to Justice (2003 Order) (Commencement No. 9) Order (Northern Ireland) 2016.

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

(1)

Subject to paragraph (2), the provisions in the Access to Justice (Northern Ireland) Order 2003 specified in the Schedule to this Order shall come into operation on 24th March 2016.

(2)

The commencement of the provisions specified in the Schedule has effect only in respect of the grant by the Court of Appeal of a right to representation for the proceedings specified in Schedule 2 to the Access to Justice (2003 Order) (Commencement No. 8) Order (Northern Ireland) 2015f1.

Signature

Sealed with the Official Seal of the Department of Justice on 23rd March 2016

L.S.

David Ford

Minister of Justice

PROVISIONS OF THE ACCESS TO JUSTICE (NORTHERN IRELAND) ORDER 2003 COMING INTO OPERATION ON 24th MARCH 2016

Provisions of the Access to Justice (Northern Ireland) Order 2003Subject matter of provision
Article 23(1)(b)(ii) and (iii) and (3)Advice and assistance
Article 26(2), (3) and (5)Grant of right to representation by court
Schedule 5, the entries in respect of—Repeals – Extent of repeal
The Criminal Appeal (Northern Ireland) Act 1980

In section 7(4), the words “legal aid for”. In section 28(2), paragraph (a) and the words “in the case of expenses within paragraph (a), by the Lord Chancellor and, in any other case”.

Section 28(2A) to (2G).

Section 45(2)(e) and (3)(c).

Explanatory note

(This note is not part of the Order)

The Access to Justice (2003 Order) (Commencement No. 8) Order (Northern Ireland) 2015 brought into operation certain provisions of the Access to Justice (Northern Ireland) Order 2003 regarding criminal defence services. This Order brings into operation on 24th March 2016 certain further provisions regarding such services.

The provisions are commenced only in respect of appeals, including applications for leave to appeal, brought under Part 1 (appeal to the Court of Appeal from the Crown Court) and Part 2 (appeal to the Supreme Court from the Court of Appeal) of the Criminal Appeal (Northern Ireland) Act 1980, and the other proceedings specified in Schedule 2 to the Commencement No. 8 Order. There are also consequential repeals of the remaining legal aid provisions in the 1980 Act.