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Access to Justice (Northern Ireland) Order 2003

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

Draft 2003, ISBN 0337377340

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 Order in Council laid before Parliament under paragraph 2(1)(a) of the Schedule to the Northern Ireland Act 2000, for approval by resolution of each House of Parliament

NORTHERN IRELAND

Made

Coming into operation in accordance with Article 1(2) and (3)

At the Court at , the day of 2003

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order has been approved by resolution of each House of Parliament:

Now therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000f1 and 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

2000 c. 1.

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. 31Terms of provision of funded services
  36. Supplementary
  37. 32Restriction of disclosure of information
  38. 33Misrepresentation etc.
  39. 34Position of service providers and other parties etc.
  40. 35Solicitors and barristers
  41. 36Register of persons providing services
  42. Part III: OTHER FUNDING OF LEGAL SERVICES
  43. Conditional fee and litigation funding agreements
  44. 37Interpretation of Part III
  45. 38Conditional fee agreements
  46. 39Conditional fee agreements: supplementary
  47. 40Litigation funding agreements
  48. 41Litigation funding agreements: the Commission
  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. 9Remuneration
  73. 10Staff
  74. 11Staff
  75. 12Funding of costs relating to administration etc.
  76. 13Proceedings
  77. Provision of information
  78. 14Paragraph 14
  79. Annual report
  80. 15Paragraph 15
  81. Annual plan
  82. 16Paragraph 16
  83. Accounts and audit
  84. 17Paragraph 17
  85. Instruments
  86. 18Paragraph 18
  87. Schedule 2: CIVIL LEGAL SERVICES: EXCLUDED SERVICES
  88. 1Paragraph 1
  89. 2Paragraph 2
  90. 3Paragraph 3
  91. 4Paragraph 4
  92. 5Paragraph 5
  93. Schedule 3: TRANSITIONAL PROVISIONS AND SAVINGS
  94. Interpretation
  95. 1Paragraph 1
  96. Rights, obligations and property
  97. 2Paragraph 2
  98. The Legal Aid Fund
  99. 3Paragraph 3
  100. Part II of the 1981 Order
  101. 4Paragraph 4
  102. Part III of the 1981 Order
  103. 5Paragraph 5
  104. Commission’s annual plan and annual report
  105. 6Paragraph 6
  106. Grants and approvals under the 1981 Order
  107. 7Paragraph 7
  108. Chief Executive of the Commission
  109. 8Paragraph 8
  110. The Commission: transfers of employment
  111. 9Paragraph 9
  112. 10Paragraph 10
  113. 11Paragraph 11
  114. Pensions
  115. 12Paragraph 12
  116. Assistance with functions
  117. 13Paragraph 13
  118. Schedule 4: MINOR AND CONSEQUENTIAL AMENDMENTS
  119. Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10)
  120. 1Paragraph 1
  121. Solicitors (Northern Ireland) Order 1976 (N.I.12)
  122. 2Paragraph 2
  123. Sex Discrimination (Northern Ireland) Order 1976 (N.I.15)
  124. 3Paragraph 3
  125. European Communities (Services of Lawyers) Order 1978 (S.I. 1978/1910)
  126. 4Paragraph 4
  127. Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
  128. 5Paragraph 5
  129. Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (N.I. 8)
  130. 6Paragraph 6
  131. Telecommunications Act 1984 (c. 12)
  132. 7Paragraph 7
  133. Child Abduction and Custody Act 1985 (c. 60)
  134. 8Paragraph 8
  135. Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (N.I. 16)
  136. 9Paragraph 9
  137. Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  138. 10Paragraph 10
  139. Children (Northern Ireland) Order 1995 (N.I. 2)
  140. 11Paragraph 11
  141. Children’s Evidence (Northern Ireland) Order 1995 (N.I. 3)
  142. 12Paragraph 12
  143. Race Relations (Northern Ireland) Order 1997 (N.I. 6)
  144. 13Paragraph 13
  145. Northern Ireland Act 1998 (c. 47)
  146. 14Paragraph 14
  147. Freedom of Information Act 2000 (c. 36)
  148. 15Paragraph 15
  149. Equality (Disability, etc.) (Northern Ireland) Order 2000 (N.I. 2)
  150. 16Paragraph 16
  151. European Communities (Lawyer’s Practice) Regulations 2000 (S.I. 2000/1119)
  152. 17Paragraph 17
  153. Anti-Terrorism, Crime and Security Act 2001 (c. 24)
  154. 18Paragraph 18
  155. Schedule 5REPEALS
  156. Explanatory note