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The Civil Legal Services (General) (Amendment) Regulations (Northern Ireland) 2019

S.R. 2019/13 · Made 11 February 2019

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 11th February 2019

Coming into operation 4th March 2019

The Department of Justice makes the following Regulations in exercise of the powers conferred by Article 15 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). Article 15 of the 2003 Order was substituted by section 6 of, and paragraph 6(16) of Schedule 2 to, the Legal Aid and Coroners’ Courts Act (Northern Ireland) 2014.

f2

S.I. 2010/976.

Contents

  1. 1Citation and commencement
  2. 2Amendments to the Civil Legal Services (General) Regulations (Northern Ireland) 2015
  3. 3Amendments to the Civil Legal Services (General) Regulations (Northern Ireland) 2015
  4. 4Amendments to the Civil Legal Services (General) Regulations (Northern Ireland) 2015
  5. 5Amendments to the Civil Legal Services (General) Regulations (Northern Ireland) 2015
  6. 6Amendments to the Civil Legal Services (General) Regulations (Northern Ireland) 2015
  7. 7Amendments to the Civil Legal Services (General) Regulations (Northern Ireland) 2015
  8. 8Amendments to the Civil Legal Services (General) Regulations (Northern Ireland) 2015
  9. 9Amendments to the Civil Legal Services (General) Regulations (Northern Ireland) 2015
  10. Signature
  11. Explanatory note

1Citation and commencement

These Regulations may be cited as the Civil Legal Services (General) (Amendment) Regulations (Northern Ireland) 2019 and shall come into operation on 4th March 2019.

2Amendments to the Civil Legal Services (General) Regulations (Northern Ireland) 2015

The Civil Legal Services (General) Regulations (Northern Ireland) 2015f1 are amended as follows.

3Amendments to the Civil Legal Services (General) Regulations (Northern Ireland) 2015

In regulation 2, for the definition of “assessing authority”, substitute—

  • ““assessing authority” means—

    1. (a)

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

    2. (b)

      in respect of representation (higher courts) and exceptional funding, the Director;”.

4Amendments to the Civil Legal Services (General) Regulations (Northern Ireland) 2015

In regulation 15(10), for “an assessing authority to re-determine”, substitute “a re-determination of”.

5Amendments to the Civil Legal Services (General) Regulations (Northern Ireland) 2015

In regulation 17(6), for “without reference to an assessing authority”, substitute “without reference to a determination in respect of an applicant’s disposable income or capital”.

6Amendments to the Civil Legal Services (General) Regulations (Northern Ireland) 2015

In regulation 41—

(a)

in sub-paragraph (3), omit “or an assessing authority”; and

(b)

in sub-paragraph (4), omit “or an assessing authority”.

7Amendments to the Civil Legal Services (General) Regulations (Northern Ireland) 2015

In regulation 42(1), omit “submit so much of the application as is relevant to an assessing authority to”.

8Amendments to the Civil Legal Services (General) Regulations (Northern Ireland) 2015

In regulation 49—

(a)

in sub-paragraph (2), omit “or an assessing authority”; and

(b)

in sub-paragraph (3), omit “or an assessing authority”.

9Amendments to the Civil Legal Services (General) Regulations (Northern Ireland) 2015

In regulation 50(1), omit “submit so much of the application as is relevant to an assessing authority to”.

Signature

Sealed with the Official Seal of the Department of Justice on 11th February 2019

L.S.

Peter May

A senior officer of the Department of Justice

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Civil Legal Services (General) Regulations (Northern Ireland) 2015. The purpose of these amending Regulations is to make technical amendments to allow for financial eligibility assessments in respect of certain applications for civil legal aid to be carried out by the Director of Legal Aid Casework in place of a person appointed by the Department for Communities. The Regulations come into operation on 4th March 2019.