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Access to Justice (Northern Ireland) Order 2002

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2002, ISBN 0337377924

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.

Draft of proposed Order laid before Parliament under section 85(4) of the Northern Ireland Act 1998

NORTHERN IRELAND

Made

Coming into operation in accordance with Article 1(2)

At the Court at Buckingham Palace, the ** day of ** 2002

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order has been laid before, and approved by a resolution of, each House of Parliament in accordance with section 85(3) of the Northern Ireland Act 1998f1:

Now therefore, Her Majesty, in exercise of the powers conferred by section 85 of the Northern Ireland Act 1998 hand of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Annotations to the whole text

Footnotes

f1

1998 c. 47

Contents

  1. Part I: CITATION, COMMENCEMENT AND INTERPRETATION
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part II: NORTHERN IRELAND LEGAL SERVICES COMMISSION
  5. 3Northern Ireland Legal Services Commission
  6. 4Membership of the Commission
  7. 5Power to replace Commission with two bodies
  8. 6Planning
  9. 7Powers of Commission
  10. 8Guidance
  11. 9Northern Ireland law and foreign law
  12. Civil legal services
  13. 10Civil legal services
  14. 11Funding of services
  15. 12Services which may be funded
  16. 13Individuals for whom services may be funded
  17. 14Decisions about provision of funded services
  18. 15Funding code
  19. 16Procedure relating to funding code
  20. 17Terms of provision of funded services
  21. 18Costs orders against assisted parties
  22. 19Costs of successful unassisted parties
  23. 20Regulations about costs in funded cases
  24. Criminal defence services
  25. 21Criminal defence services
  26. 22Criminal defence services: code of conduct
  27. 23Advice and assistance
  28. 24Representation
  29. 25Individuals to whom right to representation may be granted
  30. 26Grant of right to representation by court
  31. 27Grant of right to representation by Commission
  32. 28Appeals
  33. 29Criteria for grant of right to representation
  34. 30Selection of representative
  35. 31Extent of right to representation: review and appeal
  36. 32Terms of provision of funded services
  37. Supplementary
  38. 33Restriction of disclosure of information
  39. 34Misrepresentation etc.
  40. 35Position of service providers and other parties etc.
  41. 36Solicitors and barristers
  42. 37Register of persons providing services
  43. Part III: OTHER FUNDING OF LEGAL SERVICES
  44. Conditional fee and litigation funding agreements
  45. 38Interpretation of Part III
  46. 39Conditional fee agreements
  47. 40Conditional fee agreements: supplementary
  48. 41Litigation funding agreements
  49. 42Litigation funding agreements: costs
  50. Costs
  51. 43Recovery of insurance premiums by way of costs
  52. 44Recovery where body undertakes to meet cost liabilities
  53. Part IV: SUPPLEMENTARY
  54. 45Application to Crown
  55. 46Orders, regulations and directions
  56. 47Remuneration orders
  57. 48Transitional provisions and savings
  58. 49Minor and consequential amendments and repeals
  59. Signature
  60. Schedule 1: NORTHERN IRELAND LEGAL SERVICES COMMISSION
  61. Incorporation and status
  62. 1Paragraph 1
  63. 2Paragraph 2
  64. Tenure of members
  65. 3Paragraph 3
  66. 4Paragraph 4
  67. 5Paragraph 5
  68. 6Paragraph 6
  69. Members' interests
  70. 7Paragraph 7
  71. 8Paragraph 8
  72. Remuneration
  73. 9Paragraph 9
  74. Staff
  75. 10Paragraph 10
  76. 11Paragraph 11
  77. Funding of costs relating to administration etc.
  78. 12Paragraph 12
  79. Proceedings
  80. 13Paragraph 13
  81. Provision of information
  82. 14Paragraph 14
  83. Annual report
  84. 15Paragraph 15
  85. Annual plan
  86. 16Paragraph 16
  87. Accounts and audit
  88. 17Paragraph 17
  89. Instruments
  90. 18Paragraph 18
  91. Schedule 2: CIVIL LEGAL SERVICES: EXCLUDED SERVICES
  92. 1Paragraph 1
  93. 2Paragraph 2
  94. 3Paragraph 3
  95. 4Paragraph 4
  96. Schedule 3: TRANSITIONAL PROVISIONS AND SAVINGS
  97. Interpretation
  98. 1Paragraph 1
  99. Rights, obligations and property
  100. 2Paragraph 2
  101. The Legal Aid Fund
  102. 3Paragraph 3
  103. Grants and approvals under the 1981 Order
  104. 4Paragraph 4
  105. Chief Executive of the Commission
  106. 5Paragraph 5
  107. The Commission: transfers of employment
  108. 6Paragraph 6
  109. 7Paragraph 7
  110. 8Paragraph 8
  111. Pensions
  112. 9Paragraph 9
  113. Assistance with functions
  114. 10Paragraph 10
  115. Schedule 4: MINOR AND CONSEQUENTIAL AMENDMENTS
  116. Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10)
  117. 1Paragraph 1
  118. Solicitors (Northern Ireland) Order 1976 (N.I.12 )
  119. 2Paragraph 2
  120. Sex Discrimination (Northern Ireland) Order 1976 (N.I.15 )
  121. 3Paragraph 3
  122. European Communities (Services of Lawyers) Order 1978 (S.I. 1978/1910)
  123. 4Paragraph 4
  124. Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
  125. 5Paragraph 5
  126. Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (N.I. 8)
  127. 6Paragraph 6
  128. Telecommunications Act 1984 (c. 12)
  129. 7Paragraph 7
  130. Child Abduction and Custody Act 1985 (c. 60)
  131. 8Paragraph 8
  132. Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (N.I. 16)
  133. 9Paragraph 9
  134. Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  135. 10Paragraph 10
  136. Race Relations (Northern Ireland) Order 1997 (N.I. 6)
  137. 11Paragraph 11
  138. Northern Ireland Act 1998 (c. 47)
  139. 12Paragraph 12
  140. Freedom of Information Act 2000 (c. 36)
  141. 13Paragraph 13
  142. Equality (Disability, etc.) (Northern Ireland) Order 2000 (N.I. 2)
  143. 14Paragraph 14
  144. European Communities (Lawyer’s Practice) Regulations 2000 (S.I. 2000/1119)
  145. 15Paragraph 15
  146. Anti-Terrorism, Crime and Security Act 2001 (c. 24)
  147. 16Paragraph 16
  148. Schedule 5REPEALS