OpenLegislation

Article 7 Powers of Commission

Northern Ireland

(1)

Subject to the provisions of this Part and Article 41, the F1Department may do anything which it considers—

(a)

is necessary or appropriate for, or for facilitating, the discharge of its F2relevant functions , or

(b)

is incidental or conducive to the discharge of F3those functions.

(2)

In particular, the F4Department shall have power under paragraph (1) —

(a)

to enter into any contract,

(b)

to make grants (with or without conditions),

(c)

to make loans,

(d)

to invest money,

(e)

to promote or assist in the promotion of publicity relating to F5relevant functions ,

(f)

to undertake any inquiry or investigation which it may consider appropriate in relation to the discharge of any of relevant functions , F6...

(g)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

Paragraphs (1) and (2) do not confer on the F7Department power to borrow money.

F8(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I1(6)

In considering any question as to the remuneration of persons or bodies providing civil legal services or criminal defence services (whether in individual cases, or by reference to the provision of such services in specified numbers of cases), the F9Department or the Director shall have regard, among the matters which are relevant, to—

(a)

the time and skill which the provision of services of the description to which the question relates requires;

(b)

the number and general level of competence of persons providing those services;

(c)

the cost to public funds of the remuneration of persons or bodies providing those services; and

(d)

the need to secure value for money.

(7)

Where the F10Department sets fees which are to be paid to persons or bodies in respect of the provision of services by them, nothing in paragraph (6) requires it to have regard to any fee payable, otherwise than in accordance with this Order, in respect of the provision of such services.

Annotations

Textual amendments

F1: Word in art. 7(1) substituted (1.4.2015) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), s. 12(1), Sch. 2 para. 6(6)(a) (with ss. 2(3), 9, Sch. 1 para. 3(3)); S.R. 2015/193, art. 2(e)
F2: Words in art. 7(1)(a) substituted (1.4.2015) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), s. 12(1), Sch. 2 para. 6(6)(a) (with ss. 2(3), 9, Sch. 1 para. 3(3)); S.R. 2015/193, art. 2(e)
F3: Word in art. 7(1)(b) substituted (1.4.2015) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), s. 12(1), Sch. 2 para. 6(6)(a) (with ss. 2(3), 9, Sch. 1 para. 3(3)); S.R. 2015/193, art. 2(e)
F4: Words in art. 7(2) substituted (1.4.2015) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), s. 12(1), Sch. 2 para. 6(6)(b) (with ss. 2(3), 9, Sch. 1 para. 3(3)); S.R. 2015/193, art. 2(e)
F5: Words in art. 7(2)(e)(f) substituted (1.4.2015) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), s. 12(1), Sch. 2 para. 6(6)(b) (with ss. 2(3), 9, Sch. 1 para. 3(3)); S.R. 2015/193, art. 2(e)
F6: Art. 7(2)(g) and word repealed (1.4.2015) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), s. 12(1), Sch. 2 para. 6(6)(b), Sch. 3 Pt. 1 (with ss. 2(3), 9, Sch. 1 para. 3(3)); S.R. 2015/193, art. 2(e)(f)
F7: Word in art. 7(3) substituted (1.4.2015) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), s. 12(1), Sch. 2 para. 6(6)(c) (with ss. 2(3), 9, Sch. 1 para. 3(3)); S.R. 2015/193, art. 2(e)
F8: Art. 7(4)(5) repealed (1.4.2015) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), s. 12(1), Sch. 2 para. 6(6)(d), Sch. 3 Pt. 1 (with ss. 2(3), 9, Sch. 1 para. 3(3)); S.R. 2015/193, art. 2(e)(f)
F9: Words in art. 7(6) substituted (1.4.2015) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), s. 12(1), Sch. 2 para. 6(6)(e) (with ss. 2(3), 9, Sch. 1 para. 3(3)); S.R. 2015/193, art. 2(e)
F10: Word in art. 7(7) substituted (1.4.2015) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), s. 12(1), Sch. 2 para. 6(6)(f) (with ss. 2(3), 9, Sch. 1 para. 3(3)); S.R. 2015/193, art. 2(e)

Commencement

I1: Art. 7(6)(7) in operation at 1.4.2015 by S.R. 2015/194, art. 2, Sch. (with art. 3)

Notes on Part 2

Textual amendments

F1: Pt. II heading substituted (1.4.2015) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), s. 12(1), Sch. 2 para. 6(3) (with ss. 2(3), 9, Sch. 1 para. 3(3)); S.R. 2015/193, art. 2(e)

Notes on Functions of the Department: general

Textual amendments

F1: Pt. II heading substituted (1.4.2015) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), s. 12(1), Sch. 2 para. 6(3) (with ss. 2(3), 9, Sch. 1 para. 3(3)); S.R. 2015/193, art. 2(e)